Evison v. Hallock
Wisconsin Supreme Court
Appeal from, an order of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action in equity, brought by the plaintiff against one D. H. Bement, an insane person, and the defendants Bollock and Nehls, who were sureties upon a bond given by one Bambusoh, the general guardian of said Bement, upon the sale of the real estate of his ward. The facts set forth in the complaint are sufficiently stated in the opinion.
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Appeal from, an order of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action in equity, brought by the plaintiff against one D. H. Bement, an insane person, and the defendants Bollock and Nehls, who were sureties upon a bond given by one Bambusoh, the general guardian of said Bement, upon the sale of the real estate of his ward. The facts set forth in the complaint are sufficiently stated in the opinion. The defendants Bollock and Nehls demurred to the complaint upon three grounds: (1) That there is a defect as to parties defendant; (2) that several causes of…
1Opinion
On a motion for rehearing appellant contended, inter alia, that, taking the allegations of fact in the complaint as true, it was the guardian’s duty, within a reasonable time after the sale, to apply for the necessary order and pay this debt against his ward, and a failure to do so was a breach of his bond for which he and his sureties are liable. Bartlett v. Hunt, 17 Wis. 216; State v. Mills, 55 Wis. 229; Joint School Dist. v. Lyford, 27 Wis. 506; State v. McFetridge, 84 Wis. 531. And it being a part of his duty to apply for and get the necessary order, both he and the sureties upon his bond…
2Cases cited4 opinions
- State v. McFetridgeWisconsin Supreme Court · 1893
- O'Dell v. BurnhamWisconsin Supreme Court · 1884
- State v. MillsWisconsin Supreme Court · 1882
- Joint School District No. One v. LyfordWisconsin Supreme Court · 1871