Colorado § 30-10-317 County to recover all damages - execution against body

Colorado Statutes

§ 30-10-317 — County to recover all damages - execution against body

Colorado·Title 30 Government·Art. County Officers

In any
action filed pursuant to section 30-10-316, the county shall recover all damages,
both proximate and remote, that it may have sustained by reason of any breach of
the conditions of the bond or the insurance policy required by section 30-10-311, as
applicable; and if it appears on the trial of any such case that the breach was
tortious, fraudulent, or willful, and that the county shall not be able to recover
judgment against the sureties or, having recovered judgment, is unable to collect
the same from the principal or the principal's sureties, the county may have
execution against the body of such principal, who shall be confined in the county
jail of the county until such judgment and costs are paid; except that such
imprisonment shall not exceed one year.

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In any
action filed pursuant to section 30-10-316, the county shall recover all damages,
both proximate and remote, that it may have sustained by reason of any breach of
the conditions of the bond or the insurance policy required by section 30-10-311, as
applicable; and if it appears on the trial of any such case that the breach was
tortious, fraudulent, or willful, and that the county shall not be able to recover
judgment against the sureties or, having recovered judgment, is unable to collect
the same from the principal or the principal's sureties, the county may have
execution against the body of such principal, who shall be confined in the county
jail of the county until such judgment and costs are paid; except that such
imprisonment shall not exceed one year.

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Legislative History

Source: L. 1881: p. 98, � 8. G.S. � 571. R.S. 08: � 1250. C.L. � 8726. CSA: C. 45, � 73. CRS 53: � 35-3-17. C.R.S. 1963: � 35-3-17. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, � 11, effective August 11.