When the penalty of the bond is exhausted, the officer himself shall still be liable for the same measure of damages as upon his bond; and he shall likewise be liable for any damage he may do in undertaking to discharge the duties of an office without having given the necessary bond or having given one that is invalid in whole or in part.
(Orig. Code 1863, § 160; Code 1868, § 155; Code 1873, § 166; Code 1882, § 166; Civil Code 1895, § 262; Civil Code 1910, § 297; Code 1933, § 89-423.)
OPINIONS OF THE ATTORNEY GENERAL
Personal liability beyond amount of bond.
- A sheriff would be personally liable in the event of a judgment entered against the sheriff in excess of the amount of the official bond. 1975 Op. Att'y Gen. No. U75-61.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, §§ 356, 363, 364, 492 et seq.
C.J.S.- 67 C.J.S., Officers and Public Employees, § 476 et seq.
ALR.
- Personal liability of public officer or sureties on his bond to property owner for failure to present, or delay in presenting, checks given in payment of taxes, 105 A.L.R. 711.
Suit against public officer to recover possession of property as suit against state or federal government, 160 A.L.R. 332.
Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.