Ernst v. Nau
Wisconsin Supreme Court
APPEAL from the County Court of Mihocmlcee County. Tbe case is thus stated by Mr. Justice Cassoday: “ This is an action by sureties against the executrix of a co-surety for contribution, commenced March 29, 1883. The jury was waived, and the cause was tried by the court, which found, in effect, that July 8,1875, "William Grosslcopf was appointed executor of Theodore Grosskopf, deceased; that on that day the plaintiffs and Conrad Nau and John Boehring signed William’s bond as…
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APPEAL from the County Court of Mihocmlcee County. Tbe case is thus stated by Mr. Justice Cassoday: “ This is an action by sureties against the executrix of a co-surety for contribution, commenced March 29, 1883. The jury was waived, and the cause was tried by the court, which found, in effect, that July 8,1875, "William Grosslcopf was appointed executor of Theodore Grosskopf, deceased; that on that day the plaintiffs and Conrad Nau and John Boehring signed William’s bond as sureties to the county judge, in the usual form, in the penal sum of $50,000, for the faithful performance by William…
1Opinion of the CourtCassoday, J.
It is conceded that the facts were correctly found. The only question presented is whether they are such as to entitle the plaintiffs to recover. Every claim “proper to be allowed,” not exhibited “ within the time limited for that purpose,” is forever barred. Sec. 3844, R. S.; Carpenter v. Murphey, 57 Wis. 541. Was the plaintiffs’ claim one proper to be allowed within the meaning of. that section?'
The principal named in the bond was adjudged in default,, and ordered to pay over the amount named, January 22, 1881. He failed to do so, and died insolvent before April 1, 1881. The liability of…
2Cases cited3 opinions
- Carpenter v. MurpheyWisconsin Supreme Court · 1883
- Lannon v. HackettWisconsin Supreme Court · 1880
- Davis v. McCurdyWisconsin Supreme Court · 1880
3Cited by8 opinions
- Barry v. MinahanWisconsin Supreme Court · 1906
- Gianella v. BigelowWisconsin Supreme Court · 1897
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- Mann v. EvertsWisconsin Supreme Court · 1885
- Austin v. Saveland's EstateWisconsin Supreme Court · 1890
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