5.  When  there  is  nothing  in  the  record  to  show  the  age  of  an
infant  defendant,  or  whether  he  had  a  guardian  or  not,  and  the
sheriff  returns  the  process  "  executed  by  delivering  a  copy  "  to
the  infant,  it  will  be  presumed  that  the  officer  did  his  duty,  and
that  the  infant  was  over  fourteen  years  old.  Webber  v.  Webber,
1, Met.  21.
SURETIES.  485


6.  The  return  to  a  summons  against  infants,  that  it  had  been  ex-
ecuted by  delivering  a  true  copy  to  each  of  the  persons  named
therein,  negatives  the  presumption  that  the  service  was  on  any
other  person  than  the  infants,  and  such  of  them  as  were  not  over
fourteen  years  of  age  were  not  legally  in  court.  Beverly  v.  Per-
kins, 1  Duv.  254.
V.    SUMMONS   ISSUED   ON   SUNDAY  VOID.
1.  The  holiday  mentioned  in  sections  732,  733,  Civil  Code,
means  a  day  dedicated  by  usage  to  amusement  and  festivity,  and
does  not  include  Sunday ;  and  process  of  any  kind  issued  on  Sun-
day is  void.     Moore  v.  Ragan,  2  Duv.  438.
SUPBESEDEAS.
1.  When  the  execution  of  a  writ  of  fi.  fa.  is  arrested  by  injunc-
tion or  supersedeas,  the  levy  is  released,  and  lien  created  thereby
is  discharged.  Keith  v.  Wilson,  3  Met.  205 ;  Flowers  v.  Fletcher,
Pr.,  Decisions,  265.
2.  A  supersedeas  can  not  be  issued  by  the  clerk  of  the  court  of
appeals,  until  a  copy  of  the  record  has  been  filed  in  his  ofS.ce.
Sunt  V.  Berryman,  2  Met.  240.
SUPEESEDEAS  BOISTD.
See   Bond.
SUEETIES.
I.  LiaTjility  of  sureties.
II.  Wliat  will  discharge  a  surety,  or  be  a  defense.
III.  Eemedy  of  sureties  against  co-sureties.
IV.  Eemedy  of  surety  against  his  principal.
V.  Limitations  in  favor  of  sureties.    See  Limitations:

I.     LIABILITY   01"   SURETIES.
