Colorado § 30-10-522 - Actions against sheriff - sureties liable - when.

§ 30-10-522. Actions against sheriff - sureties liable - when.

Except in the case of a sheriff covered by insurance purchased pursuant to section 30-10-501 (2), in an action brought against a sheriff for an action done by virtue of the sheriff's office, if the sheriff gives notice thereof to the sureties on any bond of indemnity given by the sheriff, the judgment recovered therein shall be sufficient evidence of the sheriff's right to recover against such sureties, and the court, on motion, upon notice of five days, may order judgment to be entered against them for the amount so recovered, including costs.

Source: L. 1887: p. 214, § 419. Code 08: § 454. Code 21: § 456. Code 35: § 456. CRS 53: § 35-5-22. C.R.S. 1963: § 35-5-22. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 20, effective August 11.

ANNOTATION

This section of the code does not change the rule which exists in the absence of a statute except insofar as it provides for the entering of judgment upon the bond, and in the absence of a statute the rule is that to entitle the obligee to maintain an action upon a general promise of indemnity against damages of liability, it is not necessary that he should have given notice of a suit against him in which the judgment upon which the breach is predicated was rendered, if, however, no notice is given, the judgment is only prima facie evidence against the obligors and may be attacked on the ground that the obligee failed to avail himself of a good defense or that it was obtained by fraud or collusion. Whinnery v. Wiley, 38 Colo. 203, 88 P. 171 (1906).