1. The provision of section 3546 of the Civil Code (1910) concerning sureties, guarantors, and indorsers, that they shall he dis- . charged if, after notice to sue, the creditor or holder of the obligation refuses to commence an action against the principal, has no reference to statutory bonds — such as a forthcoming bond — taken in the progress of a judicial proceeding.

2. The court erred in directing the verdict. Judgment reversed.