There is a newer version of the Idaho Code and Statutes
2005 Idaho Code - 59-817 — DEFECTS IN BOND NOT TO AFFECT LIABILITY
TITLE 59 PUBLIC OFFICERS IN GENERAL CHAPTER 8 BONDS OF OFFICERS AND PUBLIC EMPLOYEES 59-817. DEFECTS IN BOND NOT TO AFFECT LIABILITY. Whenever an official bond does not contain the substantial matter or conditions required by law, or there are any defects in the approval or filing thereof, it is not void so as to discharge such officer and his sureties; but they are equitably bound to the state, or a party interested, and the state or such party may, by action in any court of competent jurisdiction, suggest the defect in the bond, approval or filing, and recover the proper and equitable demand or damages from such officer and the persons who intended to become, and were, included as sureties in such bond.
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