Del. C. » Title 10 — Limitation of Actions · CHAPTER 81. Personal Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 8104 (2026)

Official bond

✓ current as of May 2026
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No action shall be brought upon the official obligation of any State Treasurer, Secretary of State, county treasurer, register of wills, recorder of deeds, Prothonotary, Clerk of the Peace, Register in Chancery, collector, or constable, against either the principal or sureties, after the expiration of 3 years from the accruing of the cause of such action.

Code 1852, §  2740;  19 Del. Laws, c. 265;  Code 1915, §  4669;  Code 1935, §  5127;  10 Del. C. 1953, §  8104; 
Notes of Decisions
Cited in 4 cases, 1965–1991 · leading case: Applied Biosystems, Inc. v. Cruachem, Ltd., 772 F. Supp. 1458 (D. Del. 1991).
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Applied Biosystems, Inc. v. Cruachem, Ltd., 772 F. Supp. 1458 (D. Del. 1991). “The second jurisdictional theory proffered by ABIO, is that Limited and Holdings committed a tort in Delaware, thereby subjecting themselves to jurisdiction under the Delaware long-arm statute, 10 Del.C. § 8104(c). Under this argument, Inc.”
Layton v. Allen, 246 A.2d 794 (Del. 1968). “, 10 Del.C. §§ 8104, 8106, 8108, 8110, 8114; and that § 8118 (originally enacted in 1897 as 20 Del.”
Allen v. Layton, 235 A.2d 261 (Del. Super. Ct. 1967). “” There are indications that these verbal formulae differ for reasons other than coincidence.”
Leibowitz v. Hicks, 207 A.2d 371 (Del. Ch. 1965). “10 Del.C. § 8104 provides: "No action shall be brought upon the official obligation of any * * * Register in Chancery * * *, against either the principal or sureties, after the expiration of 3 years from the accruing of the cause of such action.”
— 10 Del. C. § 8104(c) — 1 case
Applied Biosystems, Inc. v. Cruachem, Ltd., 772 F. Supp. 1458 (D. Del. 1991). “The second jurisdictional theory proffered by ABIO, is that Limited and Holdings committed a tort in Delaware, thereby subjecting themselves to jurisdiction under the Delaware long-arm statute, 10 Del.C. § 8104(c). Under this argument, Inc.”
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