38-262. Defects in form, approval or filing of
bond
When an official bond does not contain the substantial matter or conditions required
by law, or when there are any defects in the approval or filing thereof, such defects
shall not discharge the officer and his sureties, and they are bound to the state, or
party injured, according to the conditions and obligations required by law to be inserted
therein. The state or the injured party may in an action upon the bond, suggest the
defect in the bond, approval or filing, and recover the proper and equitable demand or
damages from the officer and the persons who intended to become and were included as
sureties in the bond.
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