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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... People v. Buster. PEOPLE v. BUSTER, Late County Treasurer Of Sonoma County, AND HIS SURETIES. A surety has a right to stand on the precise terms of his contract. He can be held to no other or different contract. In the case of sureties on the official bond of a County Treasurer, they ail contract together, and with reference to the common responsibility. In case of a breach or loss, each surety has his recourse for contribution on his fellows. The discharge of one of the obligors affects the contract as to all, and amounts to a release of all as to all future acts of such official. Statutes in derogation of common law principles are construed with strictness, and sureties are favored in the law. Appeal from the District Court of the Seventh Judicial District, County of Sonoma. A statement of the facts appears in the opinion of the Court. Attorney General for Appellants. The only serious question urged by respondents, as we understand, is to this effect: "That a discharge of one surety operated as a discharge of the whole." In answer to which we say: 1st. That the discharge in the outset was void, because made by a Judicial officer, when the act was merely ministerial; and 2d. That the bonds given subsequent to the first were merely cumulative, and were the voluntary acts of defendants, made for the benefit of plaintiff, and not the sureties upon the original instrument or instruments. The sections of the Act under which the proceedings of the pretended discharges were had, do not require the hearing of any evidence, or the doing of any act necessary to form an opinion in the nature of a judgment, and in fact require nothing in its nature judicial, but merely impose the performance of a certain act by the County Judge, upon presentation of a certain affida...
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    Dimensions7.4 x 0.4 x 9.7 inches

    Reports of Cases Determined in the Supreme Court of the State of California (Volume 11)

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