Barnes v. Whitaker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rook, County. The case is thus stated by Mr. Justice Cole: “ This is an action upon the statutory bond or instrument required to be given by a justice of the peace before entering upon the duties of his office.
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APPEAL from the Circuit Court for Rook, County. The case is thus stated by Mr. Justice Cole: “ This is an action upon the statutory bond or instrument required to be given by a justice of the peace before entering upon the duties of his office. In- and by the instrument, the justice and his sureties jointly and severally agree to pay on demand, to each and every person who may be entitled thereto, all such sums of money as the justice may be liable to pay on account of moneys which may come into his hands by virtue of his office. There are six distinct causes of action set out in the…
1Opinion of the CourtCole, J.
The complaint was demurred to on three grounds, the third being that it failed to state a cause of action. We shall only consider that objection. In support of the demurrer it is insisted by the learned counsel for the defendants, that if the judgments rendered by the justice were void, then *206the moneys collected and paid the justice did not come to his hands by virtue of his office, and consequently his sureties are not liable. It is said that the object of giving the instrument set out in the complaint was to secure the payment of moneys collected and paid over to the justice on legal…
2Cases cited3 opinions
- Gerber v. AckleyWisconsin Supreme Court · 1875
- Taylor v. ParkerWisconsin Supreme Court · 1877
- State ex rel. LaPlante v. WoodmanIndiana Supreme Court · 1871
3Cited by4 opinions
- Maddox v. HudgeonsCourt of Appeals of Texas · 1903
- County of Hawaii v. PurdyHawaii Supreme Court · 1914
- Brown v. KingCourt of Appeals of Texas · 1906
- Forest County v. United Surety Co. of BaltimoreWisconsin Supreme Court · 1912