Sage v. Strong
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. In October, .1874, tbe circuit court rendered a judgment for a divorce in an action between tbe plaintiff, Mrs. Sage, and her husband, A.W. Sage, and adjudged that said A.W.
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APPEAL from the Circuit Court for Fond du Lao County. In October, .1874, tbe circuit court rendered a judgment for a divorce in an action between tbe plaintiff, Mrs. Sage, and her husband, A.W. Sage, and adjudged that said A.W. Sage pay to tbe plaintiff, for the support of their minor children (the custody of whom was given to her), one hundred and twenty dollars per annum, payable in quarterly installments on the first days of November, February, May and August in each year. Thereupon A. W. Sage, and the defendant in this action as his surety, executed the following agreement: “ For value…
1Opinion of the CourtLyon, J.
The instrument upon which this action is brought, was signed by the defendant as surety for A. W. Sage. It is so stipulated in the case. The legal effect of the instrument is, that the defendant undertook that Sage should perform the requirements of the original judgment in the divorce suit in respect to the payment of allowances. The only. question presented for our determination on this appeal is, Did the modification of that judgment release him from-such undertaking? We think this question must be answered in the affirmative. The defendant’s liability is limited by the original judgment;…
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