Hiles v. Mosher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. In November, 1874, one Baker was declared by the board of county canvassers of Wood county to have been elected clerk of that county at the preceding general election; and in December following, the plaintiff and others as sureties, with said Baker as principal, executed the official bond given by the latter as such clerk.
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APPEAL from the Circuit Court for Wood County. In November, 1874, one Baker was declared by the board of county canvassers of Wood county to have been elected clerk of that county at the preceding general election; and in December following, the plaintiff and others as sureties, with said Baker as principal, executed the official bond given by the latter as such clerk. In December, 1876, a judgment was recovered for over $4,000 against Baker and his sureties, for an alleged breach of said bond in Baker’s failure to account for moneys received by him during his term of office. This action was…
1Opinion of the CourtOetoN, J.
The demurrer to the complaint in this case was properly sustained, on the ground that it does not state a good cause of action.
The complaint shows the grossest negligence and laches of the plaintiff himself, and mere negligence on the part of his counsel in defense of the action in which the judgment was rendered. It does not appear from the complaint that he paid the slightest attention to the case after the service of the summons, although he resided in the county of Wood, and was frequently there attending to other business; and he does not charge in his complaint that his attorneys were…
2Cases cited2 opinions
- Stowell v. EldredWisconsin Supreme Court · 1870
- Barber v. RukeyserWisconsin Supreme Court · 1876
3Cited by11 opinions
- Boring v. OttWisconsin Supreme Court · 1909
- Balch v. BeachWisconsin Supreme Court · 1903
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Coon v. SeymourWisconsin Supreme Court · 1888
- Tucker v. WhittleseyWisconsin Supreme Court · 1889
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