[REFERENCES ARE TO SECTIONS AND NOTES.]

APPEAL BOND, continued

sureties not liable while judgment is stayed, § 524.
liability of surety on, for debt, for costs, § 520.
release of, releases surety for debt pro tanto, § 519.
when default begins, § 531, n. 10, 11.

not released by further appeal, § 532.
effect of contract for settlement, § 522.
summary judgment on, § 523.

without penalty, effect of, § 532, n. 17.
sufficiency of sureties, § 533.

not liable for judgment by consent, § 525.
discharged by increase of risk, § 521.

whether liable for deficiency decree, § 527.

liability of, for alimony, § 527, n. 10.

to whom costs payable upon affirmance, § 528, n. 13. no liability before acceptance, § 537, n. 45.

parties to suit on, § 535, n. 40.

meaning of words "with effect," § 531, n. 11.

no liability where no order of appeal, § 537, n. 1.
liability of principal and surety same, § 536, n. 46.

petition for rehearing does not postpone liability, § 531, n. 12.

effect of dismissal of appeal, § 531, n. 13; § 537.

sureties on, liable when appeal abandoned, § 533, n. 24; § 537.

surety may buy judgment appealed from, § 536, n. 41.

measure of damages, § 832, n. 47.

surety paying judgment subrogated to creditor's right of action on, § 288, n. 10.

when binding though not executed by principal, § 170, n. 12.

effect of stipulation increasing liability, § 416, n. 3.

sureties released by tender, § 373, n. 20.

whether surety released by stipulation postponing hearing, § 384, n. 46, 47.

effect of affirmance as to one of several appellants, joining in, § 48, n. 31.

party already liable cannot be surety on, § 4, n. 23.

cases holding that appellant need not sign, § 170, n. 12.

when partners may become sureties on, § 28, n. 30.

sureties held released by release of part of appellants, § 164, n. 74. pleading and evidence in suit on, §§ 534, 535.

sci. fa. on, § 535, n. 37.

form of judgment on, when decree appealed from is for payment of money in instalments, § 833.

APPEAL BONDS

liability of, in successive appeals, § 288, n. 17; §§ 518, 519.

APPLICATION OF PAYMENTS

general rule: controlled by debtor first, creditor next, law next, § 364, n. 13.

how made by the law, § 364, n. 13; § 365.

what, by defaulting official law makes, § 365, n. 26; § 372, n. 16 (last case).

doubt that defaulting official, as debtor, can control, to prejudice of sureties, § 372, n. 16 (last case).

by defaulter, case of State v. Sooy, § 631, n. 29.

State v. Sooy (§ 364, n. 13) doubted, § 372, n. 16 (last case).

held question of fact for jury, when, § 364, n. 13; § 365, n. 24.

when principal may make, to debts for which surety not liable, § 364, n. 16, 17.

sometimes determined by course of dealing, § 365, n. 25.

surety bound by principal's, to usurious interest, § 364, n. 15.

[REFERENCES ARE TO SECTIONS AND NOTES.]

APPLICATION OF PAYMENTS, continued-

by sheriff's sale to debts of different dates, § 364, n. 20.

creditor not bound by agreement between principal and surety as to,
§ 364, n. 21.

to sureties in proportion to liability, § 194, n. 7.

when guaranty of debt is for limited amount or limited portion, § 277,
n. 37.

to guaranteed portion of debt first, § 103, n. 39; § 277, n. 37.
principal not credited with money paid by surety to creditor as price
of surety's release, § 366, n. 33.

on defaulting postmaster's bond, § 653, n. 45.

by postmaster, statute as to, § 372, n. 17.

creditor cannot make, to prejudice of surety, § 656, n. 8; § 658, n. 17.
instance of, by creditor to prejudice of solvent sureties, § 338, n. 23.
defaulting revenue officer permitted to make such, as to release sureties,
§ 371, n. 13.

to different sets of sureties, § 372.

when surety cannot avail of payments by principal, § 371, n. 14.

surety must apply collateral first to reimbursement, second to extin-
guishing liability, § 250, n. 23.

surety's right to have principal's property first applied to debt, § 228,
n. 44.

out of defaulting principal's property: 1st to payment of debt, 2d to
exoneration of sureties, § 272, n. 7.

for goods bought under letter of credit, § 133, n. 32.

APPLICATION OF PURCHASE MONEY—

purchaser at master's sale not bound to see to, § 336, n. 16.

APPLICATION OF SALARY TO DEBT-

effect of change from salary to commissions where surety has or has
not power to compel, § 432, n. 20; § 434, n. 26.

APPROVAL-

held no delivery of official bond until, by proper authority, § 626, n. 50.
of bond, sureties liable without, when, § 34, n. 83.

not necessary to validity of official bond, § 615, n. 33; § 616.

delay in, of bond held not to affect sureties, § 757, n. 38.

by justices, of debtor's bond, may be waived by obligee, § 31, n. 54.
whether may be delegated to clerk of court, § 17, n. 40.

ARBITRATION—

surety not released by failing to receive notice of, § 272, n. 4.
effect of, on replevin bond, § 564.

ARBITRATION BOND-

hold released by waiver of conditions, § 444, n. 23.

released by change in arbitrators, § 136, n. 56.

surety in, held discharged by extension of time for making award,
§ 394, n. 6.

ARCHITECT-

effect of stipulation to be bound by certificate of, § 755, n. 35.

fraudulent acceptance of bad work by, does not release builder's
surety, 755, n. 34.

alterations by, without owner's consent, held not to release sureties
on building bond, § 753, n. 31.

changes in building contract without order of, held to release surety,
§ 752, n. 28.

ARCHITECT'S CERTIFICATE—

surety released by payments made without, when, § 440, n. 14.
ARKANSAS-

statute giving surety action for indemnity before debt due, § 245, n. 26.

[REFERENCES ARE TO SECTIONS AND NOTES.]

AS PRINCIPAL-

liability of surety who is bound, § 394, n. 10; § 51.

ASSETS-

when applied first in exoneration of surety, § 251, n. 28.

of insolvent principal, how sureties for part and for whole of debt
share in, § 277.

of insolvent estate, how distributed as to principal and surety, § 142,
n. 8.

ASSIGNEE-

liability of bond of, § 733.

bond of, not liable for his conversion of property of third person to
estate, § 733, n. 14.

of building contractor held to take subject to superior right of surety,
§ 326, n. 38.

ASSIGNEE'S BOND-

sureties bound by final decree, § 144, n. 35.

creditor cannot sue upon until claim allowed and payment refused,
§ 32, n. 66.

ASSIGNMENT-

of judgment, whether carries appeal bond, § 526; § 61, n. 49.

of price by building contractor, held that surety cannot prevent, § 278,
n. 40.

whether building contractor can make valid, of price as against
surety, § 427, n. 42.

by principal of contract price held not to release surety on building
bond, § 154, n. 83.

by principal of debt against surety is subject to surety's inchoate
right to reimbursement, § 228, n. 43.

where equity compelled, of judgment paid by surety, § 334, n. 2.

by operation of law, subrogation is, § 328, n. 9.

colorable, of debt, equity treats as payment, as to sureties, § 370.

of guaranty of mortgage after merger thereof in mortgage, void, § 366,
n. 32.

ASSIGNMENT FOR BENEFIT OF CREDITORS-

see also ASSIGNEE, ASSIGNEE'S BOND.

bond of assignee, § 145.

judgment against assignee as evidence, § 804.

effect of calling assignee "trustee" in bond, § 103, n. 34, p. 218.

distribution of assets as to principal and surety, § 142, n. 8.

bond of assignee not available to parties defeating the assignment,
§ 145, n. 30.

ASSIGNMENT OF CONTRACT-

when assignor becomes surety and assignee principal, § 1, n. 3, 7.
ASSUMING—

to pay a mortgage already paid, effect of, § 334, n. 47.

ASSUMPSIT—

see COMMON COUNTS.

surety may sue in for indemnity, § 229.

surety, paying principal's note, may sue principal, in, on the note,
§ 229, n. 2.

whether surety who pays principal's debt with his own note may main-
tain, for reimbursement without paying the note, § 232, n. 23.
ASYLUM SUPERINTENDENT-

sureties of, not liable for keeping relatives without pay, § 629, n. 20.
AT ANY TIME-

[REFERENCES ARE TO SECTIONS AND NOTES.]

ATTACHMENT-

creditor, by abandoning, suit against principal, held not to release
surety, 270, n. 45.

subrogation of surety to, suit by creditor, § 335, n. 7.

defective, against principal by creditor held not to release surety, § 270,
n. 45.

when creditor may have, for principal's property in surety's hands,
§ 277, n. 36.

surety cannot commence, against principal before he has paid the
debt, § 226, n. 20.

on principal's property released by creditor releases surety pro tanto,
§ 494, n. 20, 21.

ATTACHMENT BOND-

liability where suit vexatious, § 553, n. 7.

demand on principal held necessary to charge sureties, § 550, n. 43.
special damages for loss of credit, § 553, n. 3.

whether attorney's fees recoverable, § 553, n. 5, 6.

measure of damages, § 553.

no recovery on, if attachment plaintiff recovers anything, § 553.
by county, void, sureties held liable, § 166, n. 9.

when released by bond to dissolve attachment, § 552, n. 46.

ATTACHMENT RELEASE BOND-

divests lien as to innocent purchaser, § 552, n. 45.
defenses barred by estoppel, and why, § 52, n. 76.

effect of bankruptcy of principal, § 549.

how affected by amendment, § 546, n. 26, 27.

value of property is measure of damages, § 543, n. 8.
when releases attachment bond, § 552, n. 46.

ATTESTATION-

unauthorized, releases surety when and why, § 422, n. 9.
ATTORNEY-

see also DISTRICT ATTORNEY, STATE'S ATTORNEY.

as surety, § 11.

has no implied power to release surety, § 276, n. 32.

one who, as, alters contract on which he is surety not released, § 423,
n. 13.

effect of, filling up blanks in executed bond, § 424, n. 24.

court may compel, to perform unwritten agreement which is within
statute of frauds, § 63, n. 53.

cannot release surety by suspending execution or staying judgment,
§ 407, n. 44, 45.

may release surety by consenting to continuance, § 407, n. 46.
of creditor, whether has power to release surety, § 276, n. 32.
defendant's promise to plaintiff to pay plaintiff's attorney held orig-
inal, 88, n. 82.

as surety not bound by judgment against principal alone, § 124, n. 64.
guarantor of fees of, held not released by his taking a partner, § 137.
n. 58.

rot bound by judgment against his principal when, § 11, n. 79.
ATTORNEY'S FEES-

not recoverable by surety when incurred needlessly, § 233, n. 3.
when surety or guarantor liable for, § 125.

when note provides for, guarantor of note liable for, § 125, n. 71.
evidence requisite to charge surety of note for, § 125, n. 71.

to remedy breach by principal, liability of surety for, § 103, n. 33 (p.
216).

statute for allowance of, must be strictly complied with, § 125, n. 71.
held to be included in expenses of collection, § 125, n. 71.

[REFERENCES ARE TO SECTIONS AND NOTES.]

ATTORNEY'S FEES, continued-

in action on replevin bond, § 572.

when recoverable under injunction bond, § 555.

whether recoverable under attachment bond, § 553, n. 5, 6.

on injunction bond, § 561, n. 18, 23.

recoverable against petitioning creditor's bond in bankruptcy, § 551.
contribution as to, § 309, n. 29, 30.

held included in "damages, costs, charges or expenses, "' § 104, n. 43.
sureties on sheriff's indemnity bond held liable for, § 745, n. 40.
not allowed to surety paying fund into court, why, § 829, n. 23.
ATTORNEY IN FACT-

instance of signature of official bond by, § 738, n. 40.

AUCTIONEER-

surety for licensed, not released by his taking a partner, § 137, n. 59.
AUDIT-

of state treasurer's accounts, effect, § 621, n. 29.

AUTHORITY OF LAW-

bonds without, distinguished from bonds against, § 747, n. 3.
BAIL-

see also RECOGNISANCE, CRIMINAL BAIL, FORFEITURE.

in civil cases, sureties, § 581, n. 1.

effect of exception.to, § 533, n. 24.

what recognizance must show, § 600.

form of record when taken in open court, § 581, n. 2.

effect of void indictment, § 600, n. 21, p. 1101.

forfeiture of, § 602.

defenses to forfeiture of, § 603.

effect of term not being held, § 594, n. 9, 10.

principal's enlistment in the army, § 590.

effect of principal's appearance and escape, § 593.

principal's arrest by U. S. officers, § 590, n. 31, 32.

effect of condition becoming illegal or impossible, § 589.
subsequent imprisonment of principal, §§ 591, 592.
insanity of principal in another state, § 591, n. 38.
sickness or death of principal, § 588.

effect of misrecital of time for appearance, § 585, n. 38.

statute as to release of must be complied with, § 585, n. 39.

surrender of principal, § 585.

effect of death of judge, § 594, n. 10.

when principal exempt from arrest, § 596, n. 27, 28.

more, or less, onerous than law requires, § 596, n. 32, 33; § 600, n. 17.

taken by sheriff without authority, case holding, valid, § 596, n. 34.

principal indicted for another offence, § 597.

civil, may defend suit against principal, and appeal, § 596, n. 1.
approval need not be endorsed, § 596, n. 2.

effect of pardon, § 596, n. 3.

effect of reversal after note given in payment, § 598, n. 4.

when not bound by waiver of defence, § 583, n. 26.

why, taken by unauthorized person is void, § 582, n. 16, p. 1070.

in habeas corpus cases, § 582, n. 12.

whether order of court gives sheriff power to take, § 582, n. 11.

estopped to deny recitals, § 581, n. 4.

effect of duress of principal, § 596, n. 30, 31.

effect of second indictment, § 598, n. 5.

execution may issue first against principal, § 599.

paying judgment against principal, afterwards reversed, may recover
back, 598, n. 4.

whether promise to indemnify civil or criminal, need be in writing,