State Codes and Statutes
Statutes > Virginia > Title-49 > Chapter-3 > 49-23§ 49-23. Surety on bond given under decree of court for payment of money.
A surety, or his committee, or personal representative, in a bond, other thanthe bond of a commissioner or receiver, given under a decree or order of acourt for the payment of money, if no suit be pending for the recoverythereof, may file his petition in the court which rendered or made the decreeor order, or to which the case has been removed, for a bond of indemnity. Thepetition shall state that the petitioner has reason to believe that he, orthe estate he represents, is likely to suffer pecuniary loss in consequenceof such suretyship and the grounds of such belief and shall be verified byaffidavit. Upon the filing of the petition and proof of reasonable notice tothe principal in the bond and all the parties in interest, the court mayrequire such indemnifying bond, with satisfactory sureties, to be givenwithin a time to be prescribed. If such bond be given, it shall be withcondition and shall bind the obligors therein to indemnify the sureties inthe former bond against all loss or damage in consequence of such formerbond. If such bond be not given, the court, on the request of such surety,personal representative or committee, if the money be due and payable, orwhenever the same becomes due and payable, shall order suit to be brought forits recovery and prosecuted to judgment and by execution.
(Code 1919, § 5776.)
