City of Fond du Lac v. Moore
Wisconsin Supreme Court
APPEAL from the Circuit,Court for Boole County. This action was brought upon the official bond of John C. Pierron, late treasurer of the plaintiff city. The defendants are the sureties in such bond. The summons was served upon one Thomas Mason, also one of the sureties, who died before the complaint was filed. The defendants Moors, Hughes, Lallier, Bartlett, and Gaynor answered, and are the appellants here.
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APPEAL from the Circuit,Court for Boole County. This action was brought upon the official bond of John C. Pierron, late treasurer of the plaintiff city. The defendants are the sureties in such bond. The summons was served upon one Thomas Mason, also one of the sureties, who died before the complaint was filed. The defendants Moors, Hughes, Lallier, Bartlett, and Gaynor answered, and are the appellants here. The remaining defendant, Baker, did not answer, and does not join in the appeal. Pierron was elected city treasurer on the first Tuesday in April, 1879 (succeeding in that office one…
1Opinion of the Court
The following opinion was filed May 31,1883:
LyoN, J.
1. At the outset we are called upon to construe the bond in suit and determine its scope and effect. The learned counsel for the appellants, in their arguments, contended with much earnestness that the recital in the bond, “ Whereas, the above-bounden J. O. Pierron was, at the last annual election, duly elected to the office of treasurer of said city of Fond du Lac for the next ensuing year” limits the liability of the sureties, and that such liability terminated at the expiration of “ the next ensuing year,” to wit, on the first Tuesday in…
2Cases cited15 opinions
- Dair v. United StatesSupreme Court of the United States · 1873
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- Hall v. ParkerMichigan Supreme Court · 1877
- Pepper v. State ex rel. HarveyIndiana Supreme Court · 1864
- Helms v. Wayne Agricultural Co.Indiana Supreme Court · 1881
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3Cited by5 opinions
- Sheboygan County v. City of SheboyganWisconsin Supreme Court · 1882
- W. W. Kimball Co. v. BakerWisconsin Supreme Court · 1885
- Dennett v. ReisdorferSouth Dakota Supreme Court · 1902
- Board of School Directors v. KuhnkeWisconsin Supreme Court · 1914
- State Of Washington v. Onelio Abun Cardona HernandezCourt of Appeals of Washington · 2018