People v. Buster

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…