City of Milwaukee v. United States Fidelity & Guaranty Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: F. 0. Esohweilee, Circuit Judge. Tbis is an action against tbe appellant as surety upon the official bond of one Woller. Tbe action was tried by tbe court.
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Appeal from a judgment of tbe circuit court for Milwaukee county: F. 0. Esohweilee, Circuit Judge. Tbis is an action against tbe appellant as surety upon the official bond of one Woller. Tbe action was tried by tbe court. Tbe facts are not in dispute and are substantially as follows: Woller was elected clerk of tbe municipal court of Milwaukee county April 2, 1901, and thereafter qualified and gave a bond to tbe city in tbe sum of $10,000, signed by tbe appellant as surety, conditioned as follows: “Now, therefore, tbe condition of tbis obligation is such that if tbe above bounden Frank E.…
1Opinion of the Court
Winslow, O. J.
The appellant makes two general contentions: (1) that there can be no liability on the bond for nny moneys which came into Woller’s hands as clerk of the district court, because the bond only covers his acts as clerk •of the municipal court; (2) that no moneys’ other than those •due the city of Milwaukee can be recovered in any event.
1. The first contention must he overruled. Had Woller held two separate offices, for each of which he was required to give bond, or had he been required by law to give a separate ’bond to cover his duties as clerk of the district court, doubtless…
2Cases cited11 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- Gress v. EvansSupreme Court Of The Territory Of Dakota · 1877
- Board of Supervisors v. EhlersWisconsin Supreme Court · 1878
- State ex rel. v. PurcellWest Virginia Supreme Court · 1888
- Cooper v. People ex rel. Madison CountyIllinois Supreme Court · 1877
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3Cited by3 opinions
- Pabst Corp. v. City of MilwaukeeWisconsin Supreme Court · 1926
- City of Rice Lake v. JensenWisconsin Supreme Court · 1934
- Town of Akan v. KanableWisconsin Supreme Court · 1963