Paulus, On Plautius, Book I. If I promise that a party shall appear in court who already is alleged to have become free by lapse of time, for example, because he was no longer liable to be sued; an action will lie against me either to produce or defend him, that the truth may be ascertained. 1Ad Dig. 2,11,10,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 285, Note 2.Where a promise has been made that a man will appear, and he loses his life through the treachery of the surety before the day fixed for his appearance; we can certainly make use of the rule: “That an action can not be brought for a penalty before the time arrives, for the reason that the entire stipulation is held to refer to a certain day”. 2A man who was about to bring an action for injury stipulated before issue was joined, that if his adversary should appear in court, and when the time for the fulfillment of the promise had elapsed, he died; it is held that no right of action exists against the heir by reason of the stipulation; for the reason that stipulations of this kind are only entered into on account of the principal action; and although, as a rule, the stipulation entered into to appear in court passes to the heir, still, in this instance, it is not the case; for if the deceased had desired to bring suit on the stipulation after having abandoned that of injury, he would not have been permitted to do so. The same rule will apply if the party against whom I desire to bring an action for injury had died after the time stated in the stipulation, for I have no right to bring an action on the stipulation against the heir; and this was the opinion of Julianus. Hence, where sureties have been given, no action whatever will lie against them after the principal is dead. Pomponius holds the same opinion where the party did not die a great while afterwards, for the reason that, if he had appeared in court, his adversary would have been able to join issue with him.

The Same, On Plautius, Book I. Plautius says that it is the opinion of everyone that an agent who has had judgment rendered against him cannot himself be sued; unless he was appointed in a matter in which he was interested, or offered himself for the place when he knew no bond had been furnished. The same rule must be observed where he himself offered to undertake the defence in the case, and give security.

Paulus, On Plautius, Book I. Where liability is incurred by reason of a dowry, a surety given on this account will be liable.

The Same, On Plautius, Book I. A ward, with the consent of his guardian, can transfer his debtor to Titius. Where, however, a guardian is indebted to his ward, it must be said that he cannot be transferred, nor can an agent be appointed to act against the guardian, with the authority of the latter; otherwise, the guardian would be released from liability by his own act.

Ad Dig. 29,2,72Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 557, Note 7; Bd. III, § 598, Note 3.Paulus, On Plautius, Book I. If an heir should be appointed as follows: “Let him enter upon the estate within a certain time, and if he should not do so, let another be substituted for him”, and the first heir dies before entering upon the estate, no one can doubt that the substitute will not be obliged to wait until the last day fixed for acceptance.

The Same, On Plautius, Book I. The slave of another, by expressly stipulating for a third party, does not acquire for his master.

The Same, On Plautius, Book I. That course should be pursued which affords the prospect of the most equitable settlement. 1Any question which is doubtful ought to be interpreted according to the intention of the parties in interest.