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OF SURETIES ON OBLIGATIONS GIVEN IN THE COURSE OF
THE ADMINISTRATION OF JUSTICE.
$ 511. Sureties on judicial bonds. 8 520. When surety on appeal bond 512. Essential elements of an ap
not liable for debt-When peal bond-Failure of con
liable for costs. şideration.
521. When surety on appeal bond 513. Construction of appeal bonds
discharged if his risk in. -Effect of change of venue
creased. to another county-Abolish
522. When sureties on appeal ment of appellate court
bond not released by con. All obligors on appeal bond
tract for settlement.
523. Judgment against surety on
appeal bond without suit. 514. Same, continued — Liability 524. When surety on appeal bond of sureties for deterioration
liable to suit if execution pending appeal-Statutes
against principal stayed. Meaning of “affirmance"
525. Liability of surety on appeal -Liability for interest
bond if judgment afterAttorney's fees.
wards rendered by consent 515. Same, continued — Surety's
of principal, etc.
526. Whether assignee of judg.
ment appealed from may 516. Construction of defective ap
sue on appeal bond without peal and other court bonds
assignment thereof. -Cases disregarding de- 527. Whether appeal bond surefects-Holding that misre
ties liable for deficiency decital of judgment, court or
cree-To whom costs paya. subject matter does not af
ble-New bond. fect validity.
528. When surety on appeal bond 517. Which set of sureties bound
liable, notwithstanding rewhen there are two appeals
versal, by intermediate in the same case.
court, for final judgment. 518. Same, continued-Cases holding the latest set of sure
529. How surety on appeal bond ties primarily liable and
affected by death of princi. earlier sets released by set
pal. tlements with them, etc. 530. Surety on appeal bond only 519. When surety on appeal bond
bound for particular judgliable to former surety for
ment appealed from-Other the debt.
$ 531. Object of appeal bond 8 544. No defense to surety on Surety's liability contin
bond that gent-When becomes fixed
property did not belong to -Partial affirmance-Can
question judgment, 545. Miscellaneous cases concernwhen.
ing sureties on forthcoming 532. Surety not released by fur
bonds given to dissolve at-
tachment-Surety not liable
if attachment dissolved, or 533. Sufficiency of sureties on ap
if attachment issued withpeal bond—Justification
out authority-Amendment When guilty of contempt.
of declaration – Liability 534. Judgment against sureties on
given to dissolve attach535. Pleading and evidence, con
ment when defendants tinued Estoppel Con
changed or judgment had ditional delivery.
against only part of de536. Surety on appeal bond may
fendants. purchase or take an assign
548. When judgment against prinment of judgment—When
cipal conclusive against surety may recover indem
surety on bond to dissolve nity for payment of judg.
attachment-Estoppel. ment-Other cases.
549. How surety on bond to dis537. Miscellaneous cases as to lia
solve attachment and on apbility of sureties on appeal
peal bond affected by bankbonds.
ruptcy of principal. 538. Liability of sureties
550. Miscellaneous cases concernforthcoming, claim and de
ing sureties on bonds given
in attachment proceedings.
551. Liability of sureties on pe. 539. Defenses to sureties on re
titioning creditors' bond
under Bankrupt Act of
552. When execution of release
bond releases sureties on atpossession of property.
tachment bond. 540. Construction of forthcoming bonds.
553. Attachment bonds—Measure 541. Construction of forthcoming
of damages — Attorneys' bonds, continued-Form of
554. Surety on injunction bond 542. Sureties forthcoming
not liable for judgment if bonds liable for deteriora
it is misdescribed. tion, etc.
555. Liability of surety on in543. Defenses to suits on forth
junction bond for judg. coming bonds.
ment, damages, interest,
costs, etc. — Unsuccessful § 564. When surety in replevin
bond discharged by refer$ 556. Liability of surety on in
ence of replevin suit to arjunction bond for damages,
565. When surety in replevin 557. Liability of surety in in
bond bound for money junction bond if complain
judgment against his prinant dismiss his bill by
cipal though irregular. agreement with defendant,
566. Whether surety in replevin or agree to a decree dis
bond liable if defendant in missing or continuing the
replevin suit changed, suits same,
consolidated or made to fol. 558, Liability of surety on in
low the result in one.
567. Surety in replevin bond not
liable when return of prop-
erty rendered impossible by
act of law. Dissolution for contempt. 559. Liability of surety in in
568. Miscellaneous cases concernjunction bond when
ing sureties in replevin
570. Measure of damages in suit 560. Miscellaneous cases as to in
upon replevin bond. junction bonds-New par- 571. Measure of damages in suit ties—When cause of action
upon replevin bond, contin.
party as an element of 561. Damages recoverable upon
damages. injunction bond-Instances
573. Liability of surety on stay -Attorney's fees as an ele
bond. ment of damages-Rule in
574. Stay bonds, continued-Lia-
bility for deterioration, tax-
-Special instances. 562. Replevin bonds -- Conditions
576. Bonds for costs, continued. independent - Failure of
577. Statutory bond in seducconsideration Satisfac
tion cases in Georgiation of judgment upon re.
Construction. plevin bond bars suit for
578. Surety in indemnifying malicious prosecution-Con
bond to sheriff liable with dition impossible of per
sheriff in trespass. formance.
579. Miscellaneous cases concern. 563. Liability of sureties on re
ing sureties on bonds given plevin bonds, when conclud
in the course of the admin. ed by judgment against
istration of justice. their principal.
580. Same, continued.
§ 511. Sureties on judicial bonds. Such cases relating to sureties on obligations given in the course of the administration of justice as do not more properly come under some other subdivision of this work will now be noticed. Sureties on such obligations, like all other sureties, have a right to stand on the strict terms of their contract. Their contracts are construed in all respects like other contracts of suretyship. The essential elements are the same, and they are released by non-liability of the principal, want or failure of consideration, giving time or other alteration without their consent the same as other sureties, all of which is shown in detail in the following sections.
$ 512. Essential elements of an appeal bond-Failure of consideration. An appeal bond like other contracts of suretyship must have proper parties, subject matter on which to act, must state the contract 20 and must be supported by a legal
20 In Bennett v. Superior Court, acknowledge himself to be bound 113 Calif. 440, 45 Pac. Rep. 808, de- in any amount or upon any condifendant appealing from a judg- tions. His name is simply atment of a justice of the peace filed tached to an undertaking which, a bond before the justice with two upon its face, shows that he is not sureties. One of them failed to a party to it. The case of Dore v. justify and a third party who jus- Covey, 13 Calif. 502, is not in tified signed the bond, although his point. There the name of one of
was nowhere mentioned in the sureties omitted from it. Held, by a divided court, that the body of the bond, and the the paper was not a bond with court held the omission immate“sureties” required by the stat rial, saying it is not necessary that ute, that the attempted appeal was the names of the stipulators should void and must be dismissed. Not- be inserted in the body of the bond withstanding that the superior to make it obligatory; and, as a court of San Diego county, to necessary conclusion from such which the appeal was taken had holding, declared the omission of allowed the appellant to file a new the name of one of the sureties appeal bond in that court. The from the body of the bond imma. court, after quoting the bond, terial. That decision is clearly which read,
We, the un- correct. But this is no such case. dersigned E. W. Newkirk and E. F. Here the names of two purported Chase, do hereby * undertake sureties are inserted in the body
to which amount we acknowls of the bond, and Gassen's name is edge ourselves jointly and severally not one of them; the insertion of bound,” said (p. 442): “It ap- two other names results in the nec. pears that Gassen (the new surety) essary exclusion of his name. It does not agree to do anything. He cannot be assumed that his name makes no promises. He does not was intended to be placed there.
consideration. As the term indicates it must be under seal.21
ra. ber ich the ied tia! ity
In Hibernia Society 644, was an action on an appeal Freese, 127 Calif. 70, 59 Pac. Rep. bond given by a defendant in a 769, an appeal bond dated and ac- foreclosure suit who was not the knowledged prior to the appeal and mortgagor, or liable for the mortapparently referring to an earlier gage, conditioned for the payment appeal in the same case was held of any deficiency on sale; held, that insufficient and appeal dismissed. the undertaking was valid and en
21 In King Hardware Co. v. Bow. forceable even though the party
Stewart v. Hall, 106 Ga. 172, 32