§ 574.24 — Official Bonds, Security to Whom; Actions
Plain-Language Summary
A public officer's official bond protects everyone harmed by the officer's misconduct, not just the government body named in the bond. Any person injured by an officer's wrongful or negligent acts can sue the officer and their sureties directly in their own name. One lawsuit for one type of misconduct does not prevent other lawsuits for different acts of misconduct.
574.24 OFFICIAL BONDS, SECURITY TO WHOM; ACTIONS.
The official bond or other security of a public officer, whether with or without sureties, shall be security to all persons severally for the official delinquencies against which it is intended to provide, as well as to the obligee designated therein, and when no other provision is made by law it shall run to the state. When a public officer, by official misconduct or neglect, forfeits the bond or renders the officer’s sureties liable thereon, any person injured thereby, or who is by law entitled to the benefit of the security, may bring an action thereon, in the person’s own name, against the officer and the sureties, to recover the amount to which the person is entitled by reason of the delinquency; and a judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.
History:
History: History: (9698) RL s 4533; 1986 c 444