The monies in said "state highway suspense fund" shall be paid to such contractor or his creditors, as the case may be, only upon the determination of the respective rights of such contractor and said creditors who have filed such claims, by a court of competent jurisdiction in some action by or against the contractor or the sureties upon his bond. History: Laws 1929, ch. 108, § 3; C.S. 1929, § 64-344; 1941 Comp., § 58-240; 1953 Comp., § 55-2-40. Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 C.J.S. Highways §§ 176, 203 et seq.
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