64-109. Civil liability of notary public; actions.

If any person shall be damaged or injured by the unlawful act, negligence or misconduct of any notary public in his official capacity, the person damaged or injured may maintain a civil action on the official bond of such notary public against such notary public, and his sureties, and a recovery in such action shall not be a bar to any future action for other causes to the full amount of the bond.

Source:Laws 1869, § 8, p. 23; G.S.1873, p. 495; R.S.1913, § 5524; C.S.1922, § 4820; C.S.1929, § 64-108; R.S.1943, § 64-109.

Annotations

This section does not require a person suing under the official bond of a notary to join the notary as a necessary party to the action. Saint James Apt. Partners v. Universal Surety Co., 316 Neb. 419, 5 N.W.3d 179 (2024).