The undertaking mentioned in section 34 -08-08 constitutes an agreement entered into by the complainant and the complainant's surety upon which a judgment may be rendered against the complainant and the complainant's surety in the same proceeding in which such undertaking is filed, and such complainant and surety, by filing the undertaking, submit themselves to the jurisdiction of the court for such purpose. Such judgment shall be rendered only after a hearing to assess damages, and the complainant and the complainant's surety must have reasonable notice of such hearing. Nothing contained in this section precludes any party having a claim for relief upon such undertaking from pursuing the party's ordinary remedy by suit at law.
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