Oconto County v. Carey

The defalcation by defendant Carey, county treasurer, in each of his terms as such, gave rise to a separate, distinct, and independent cause of action at law as against him and his several sureties for each respective term. Each surety, of course, was a proper party with the officer in any action involving the term for which it gave bond. Ehlers v. Automobile L. Co. 166 Wis. 185, 164 N. W. 845.

At the end of the first term defendant Carey and his surety for that term became immediately liable for any and *426all defalcations during such first term. The surety for the second term was in no wise…