Taylor v. Parker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The defendant Parker was constable of the city of Janesville; and the defendants Bates and Watson were sureties on bis official bond.
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APPEAL from the Circuit Court for Rock County. The defendant Parker was constable of the city of Janesville; and the defendants Bates and Watson were sureties on bis official bond. By the terms of the bond, the defendants “jointly and severally agree to pay to each and every person who shall be entitled thereto, all such sums of money as the said constable may be liable to pay by reason or on account of any summons, execution, or other process or proceeding, which shall be delivered to him for collection, and for all moneys as may come into his hands as such constable.” The other facts…
1Opinion of the CourtCole, J.
The question arising on the demurrer is: Can the defendants Bates and Watson be held liable, on the facts stated in the complaint, for the trespass committed by their codefendant, Parker? The extent of their liability must of course depend upon the condition of the undertaking into which they have entered, and which is a literal compliance with the provisions of the charter in. regard to the bonds of constables of *81the city. See ch. 474, P. & L. Laws of 1866, sub-ch. III, sec. 18. ¥e think the facts stated do not show a breach of the condition.
It is a cardinal rule, too well settled to require…
2Cases cited2 opinions
- State ex rel. Blinebury v. MannWisconsin Supreme Court · 1867
- People v. Holmes & CaswellNew York Supreme Court · 1829
3Cited by9 opinions
- State v. McFetridgeWisconsin Supreme Court · 1893
- Renfroe v. ColquittSupreme Court of Georgia · 1885
- People ex rel. Norris v. MersereauMichigan Supreme Court · 1889
- Bishop v. McGillisWisconsin Supreme Court · 1891
- Forest County v. United Surety Co. of BaltimoreWisconsin Supreme Court · 1912
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