§ 16-107-203 — Breach of condition other than to pay money

(a) When an action shall be prosecuted in any court of law, upon any bond for the breach of any condition other than for payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff in his or her complaint shall assign the specific breaches for which the action is brought. (b) Upon the trial of the action, if the jury finds that any assignment of the breaches is true, they shall assess the damages occasioned by the breach, in addition to their finding. (c) If, in the action, the plaintiff shall obtain judgment upon demurrer, by confession or default, the court shall make an order therein that the truth of the breaches assigned be inquired into and the damages sustained thereby assessed, at the same or the next term, and the court shall proceed thereon in the same manner as in other cases of inquiry of damages. (d) In every action, if the plaintiff recovers, the verdict assessing the damages shall be entered on the record, and judgment shall be entered for the penalty of the bond, or for the penal sum forfeited, together with costs of suit, and with a further judgment that the plaintiff have execution for the damages so assessed, which damages shall be specified in the judgment. (e) The execution on the judgment shall be in the usual form, reciting the recovery, and directing the county sheriff to levy the amount of damages so assessed, which amount shall be stated with interest thereon from the time of the assessment, and the costs of the suit. (f) (1) If the amount so directed to be levied shall be collected or otherwise paid or satisfied, the real and personal estate and body of the defendant shall be exonerated from further liability for the damages so assessed. (2) However, the judgment rendered for the penalty of the bond shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of the bond or the nonperformance of any other covenant or written agreement by the defendant, the performance of which was secured by the penal sum. Rev. Stat., ch. 112, §§ 5-10; C. & M. Dig., §§ 8167-8171; Pope's Dig., §§ 10598-10602; A.S.A. 1947, §§ 34-305 -- 34-310.