People v. Kneeland

Citations

• 31 Cal. 288

Syllabus

<p>Liability of Sureties on Official Bond.—If after part of the sureties on an official bond sign the same the penal sum is changed, and as changed it is approved and filed for record,.the sureties who sign before the change are not liable.</p> <p>Idem.—If after an official bond has been executed by a part of the sureties the penal suin is changed, and as changed it is executed by other sureties, the sureties signing after the change are not liable in an action brought on the bond as it was before the change.</p> <p>Per Rhodes, J.; Chubby, 0. J., concurring.</p> <p>Official Bond.—To render the obligors on an official bond liable, it must be approved and filed for record.</p> <p>Approval of Official Bond.—The filing of an official bond for record is not a delivery of the same, unless it is preceded by an approval.</p> <p>Liability of Principal on Official Bond.—If after the principal obligor on an official bond has executed the same the penal sum is changed, and with his knowledge and assent it is then executed by other sureties, and he then forwards it for approval and record, he is liable on the bond as approved.</p> <p>Per Sawyer, J.; Shaftee, J., concurring.</p> <p>Approval of Official Bond.—If an official bond is received and acted on by the county officers as the official bond, the obligors are liable on the same even if it has not been approved.</p>