People v. Evans

Citations

• 29 Cal. 429

Syllabus

<p>Approval of Official Bonds.—The Board of Supervisors of a county, after the passage of the Act of March 20th, 1855, became the body authorized by law to approve of the official bonds of County Treasurers.</p> <p>Discharge of Sureties on Official Bond.—The sureties on the official bond of a County Treasurer can be discharged from further obligation on the same only upon proceedings had before the Board or officer which, at the time of the discharge, has power to approve of the official bond of such officer.</p> <p>Official Bond of County Treasurer.—A County Judge in 1861 had no jurisdiction to discharge the sureties on the official bond of a County Treasurer, or to approve of a new bond.</p> <p>Liability of Sureties on. Official Bond.—The sureties on an official bond are liable under the statute, notwithstanding it was approved by the wrong officer or Board.</p> <p>Judgment in Suit on Joint and Several Bond.—In an action upon a joint and several bond, where all the persons who sign it are made defendants in the complaint, the plaintiff may go to trial, if he elects so to do, before all the defendants are served, and may dismiss as to some of the defendants, and take judgment against the others.</p>