For any breach of an official bond or undertaking of any officer, executor, administrator or guardian, or of any bond or undertaking required to be given by law for the security of the public generally or of particular individuals, the party aggrieved may, without assignment, bring suit on the breach for the aggrieved party's use, giving security for costs and being liable therefor as if the suit had been brought in the aggrieved party's own name.
Code 1858, § 2797 (deriv. Acts 1822, ch. 16, § 4; 1825, ch. 45, §§ 1, 2, 5; 1826, ch. 27, § 1; 1851-1852, ch. 144, §§ 1, 2); Shan., § 4494; Code 1932, § 8621; T.C.A. (orig. ed.), § 20-103.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 75, 78, 84.
Tennessee Jurisprudence, 14 Tenn. Juris., Guardian and Ward, § 31; 21 Tenn. Juris., Public Officers, § 38.
Cited: Fort v. Dixie Oil Co., 170 Tenn. 464, 95 S.W.2d 931, 1936 Tenn. LEXIS 16 (1936).