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.

Terms Used In Arizona Laws 38-262

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
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