State ex rel. Blinebury v. Mann
Wisconsin Supreme Court
APPLICATION for a Mandamus. Upon the respondent’s return to an alternative mandamus, the relator moved for a peremptory writ.
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APPLICATION for a Mandamus. Upon the respondent’s return to an alternative mandamus, the relator moved for a peremptory writ. The case is stated in the opinion.* argued that the law requiring an official bond implies that the sheriff and his sureties will be liable for any .violation of the condition of such bond, and that in the act of 1860, which was designed merely to provide for a mode of prosecuting the bond and not to alter the liability of the officer and his bondsmen, the word “misdemeanor ” must be understood in its ordinary acceptation as equivalent to “misbehavior,” and not as…
1Opinion of the CourtCole, J.
This is an application for a peremptory writ of mandamus to be directed to the respondent as circuit judge, commanding him to grant leave to prosecute the official bond of Charles A. Cron, late sheriff of Washington county. Application was made to the circuit judge for leave to prosecute such bond, which application was founded upon an affidavit of one of the relators and a certified copy of the official bond. Leave was refused by the circuit judge for reasons stated by him in the return to the alternative writ..The circuit judge held that an application of this nature, under chapter 196,…
2Cited by9 opinions
- Gerber v. AckleyWisconsin Supreme Court · 1875
- Dysart v. LurtySupreme Court of Oklahoma · 1895
- Allen v. ClarkDistrict Court, S.D. California · 1938
- Reagan v. First National BankIndiana Supreme Court · 1901
- Taylor v. ParkerWisconsin Supreme Court · 1877
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