Mason v. Pierron
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond dm Lap County. In 1880-81 the defendant Pierron was treasurer of the city of Fond du Lac; and the plaintiff’s intestate, Thomas Mason, James Gaynor, Charles B. Bartlett, M. D. Moore, Leon Lallier (the defendant), John Hughes, and Robert A. Baker were his sureties in his official bond as such treasurer.
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APPEAL from the Circuit Court for Fond dm Lap County. In 1880-81 the defendant Pierron was treasurer of the city of Fond du Lac; and the plaintiff’s intestate, Thomas Mason, James Gaynor, Charles B. Bartlett, M. D. Moore, Leon Lallier (the defendant), John Hughes, and Robert A. Baker were his sureties in his official bond as such treasurer. By the failure of a bank in which Pierron had deposited the city funds, he became largely in default to the city, and suit was brought by the city on such bond, against him and his sureties. Judgment in said action went against all the sureties, except the…
1Opinion of the CourtLyon, J.
The various errors assigned as grounds for the reversal of the judgment herein will be considered in their order.
*5901. On the trial of the action, the appellant claimed the right to a jury trial of the issues made by the pleadings, but the point was not pressed in the argument of the cause in this court, although it is discussed in the brief of counsel for the appellant. Counsel abandoned this alleged error advisedly, for it was decided upon the former appeal herein that the action is an equitable one. 63 Wis. 239. Hence, although the court might, in its discretion, have awarded a jury trial of…
2Cases cited5 opinions
- Ferguson v. HillmanWisconsin Supreme Court · 1882
- Kollock v. ParcherWisconsin Supreme Court · 1881
- Powell v. Board of SupervisorsWisconsin Supreme Court · 1879
- Mason v. PierronWisconsin Supreme Court · 1885
- Van Buren v. DowningWisconsin Supreme Court · 1876
3Cited by14 opinions
- Phelps v. SmithIndiana Supreme Court · 1888
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
- Western Casualty & Surety Co. v. Milwaukee General Construction Co.Wisconsin Supreme Court · 1933
- Bigby v. WarnockSupreme Court of Georgia · 1902
- Doherty v. HollidayIndiana Supreme Court · 1892
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