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16-107-306. Action against executors and administrators.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-107-306. Action against executors and administrators.
Actions for the remedies given by this section and §§ 16-107-303 — 16-107-305, 21-2-111, and 21-2-112, may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-107-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-107-306
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 38aa6faf34eaa74b77462528ced50f9940abf2d063597d12c14ea0f3d2126533
Source location: content.xml paragraph 42749
Stored source content
16-107-306. Action against executors and administrators.
Actions for the remedies given by this section and §§ 16-107-303 — 16-107-305, 21-2-111, and 21-2-112, may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-107-303. Recovery of money and property from principal debtor.
(a) When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the security the amount or value, with interest thereon at the rate of ten percent (10%) per annum, from the time of payment.
(b)(1) When the payment by a security shall be made in money, the security may recover the money with interest, in an action for so much money, paid to the use of the defendant.
(2) When payment is made in property, he or she may recover the value, with the interest, in an action for so much property sold to the defendant.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-107-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-107-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-107-305. Judgment against principal on motion.
(a) In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be entitled, upon motion, to judgment in the same court against the principal debtor for the amount he or she is entitled to recover, together with costs.
(b) No judgment shall be rendered as provided in subsection (a) of this section unless the party applying therefor shall have given the adverse party at least ten (10) days' notice in writing of the motion, nor unless the motion shall be made within one (1) year from the rendition of the original judgment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-107-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-107-305. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-2-111. Discharge of sureties on official bonds.
(a)(1) Any person bound as surety in any bond given by an officer for the faithful performance of the duties of his or her office, whether the office is held under an election or an appointment by the laws of the state or by any ordinance or resolution of any municipal corporation in this state, or by appointment by a board of any municipal corporation in this state, may be discharged from all future liability on the official bond upon his or her petition in writing adduced to the court authorized by law to take and approve the official bond.
(2) In the event the bond is not required to be approved by a particular court, then his or her petition in writing shall be adduced to the circuit court of the county in which the bond is given and required to be filed.
(b) The petition shall set forth the facts upon which the application for a discharge is founded and shall be verified by the affidavit of the petitioner.
(c)(1) A notice in writing of the intended application, together with a copy of the petition, shall be personally served on the principal in the bond at least twenty (20) days before the making of the application.
(2) If the principal in the bond has been absent from the state for the period of six (6) months, the publication of notice and petition, for three (3) successive weeks, in some newspaper printed in this state shall be a sufficient service of notice.
(d)(1) The court to whom the petition is addressed shall hear the application and may, on examination thereof, in its discretion, make an order requiring the principal in the bond to give new bond and security for the performance of his or her official duties.
(2) If new bond and security is given, it shall be taken, approved, filed, and recor
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-2-111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-2-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-2-112. Remedy of surety against principal and cosureties.
Any person bound as a security in any bond given by an officer to secure the faithful performance of his or her duties, who shall pay any money he or she shall have been liable to pay by reason of the bond, shall have the same right and remedy against the principal and cosureties as are provided in this section and § 21-2-111 against principal and security in bonds, bills, or notes for the payment of money or the delivery of property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-2-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-2-112. This identifies an authority to review, not proof of applicability.