As Amended
SEC. 85-7-193. Bond: judgment; pro rata recovery where funds insufficient.
If the recovery on the bond should be inadequate to pay the full amount found due including amounts due the owner, judgment shall be given after the obligee is fully satisfied for all claims, demands, rights and damages to each person, including reasonable attorney's fees in an amount to be set by the judge, pro rata of the amount of the recovery. The sureties on said bond may pay into court for distribution the full amount of their liability less any amount which may have been paid to the obligee by reason of the execution of said bond, and upon so doing the surety will be relieved from further liability.
The provisions of this section allowing the award of attorney's fees shall only apply to actions the cause of which accrued on or after July 1, 1987.
SOURCES: Codes, Hemingway's 1921 Supp. Sec. 2434f; 1930, Sec. 2280; 1942, Sec. 378; Laws, 1918, ch. 128; 1987, ch. 392, Sec. 3, eff from and after July 1, 1987.