Legal Opinion

Stephens v. Shafer

Wisconsin Supreme Court

Decided December 16, 1879PublishedCited by 19 opinions

APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Taylob: “The plaintiff, as sheriff of Winnebago county, appointed Stephen W. Eace one of his deputies, and took from him a bond, with Shafer and W. W. Race, the appellants, as his sureties.

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APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Taylob: “The plaintiff, as sheriff of Winnebago county, appointed Stephen W. Eace one of his deputies, and took from him a bond, with Shafer and W. W. Race, the appellants, as his sureties. The bond was joint and several, and was conditioned ‘that Stephen W. Eace should well and faithfully in all things perform and execute the duties of the office of deputy sheriff of the county of Winnebago, during his continuance in office as deputy sheriff, without fault, deceit or oppression, and should pay over all…

1Opinion of the CourtTaylor, J.

The complaint in the record of the action against the sheriff shows that plaintiff’s cause of action in that *58case was founded upon the neglect of the deputy, Race, as aboye set forth.

The only exception to the evidence in this case which it is material to consider, is that taken to the introduction of the judgment roll in the action against the sheriff. The learned counsel for the appellants insist that, as they were not parties to that action, and had no notice thereof, it was not evidence against them in this action for any purpose. It is not denied but that it was properly received as…

2Cases cited17 opinions

  1. Douglass v. HowlandNew York Supreme Court · 1840
  2. Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
  3. Saveland v. GreenWisconsin Supreme Court · 1875
  4. Annett v. . TerryNew York Court of Appeals · 1866
  5. Thomas v. . HubbellNew York Court of Appeals · 1857

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3Cited by19 opinions

  1. McConnell v. PoorSupreme Court of Iowa · 1901
  2. City of Topeka v. RitchieSupreme Court of Kansas · 1918
  3. Becker v. KozaDistrict Court, D. Nebraska · 1971
  4. Grafton v. HinkleyWisconsin Supreme Court · 1901
  5. Beauchaine v. McKinnonSupreme Court of Minnesota · 1893

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