Schaeffer v. Bernero

This is an action by a surety against his co-surety, for contribution.

It appears that plaintiff and defendant were co-sureties upon the bond given by one Drake, as constable. Drake was elected constable of the Eight Ward of St. Louis, on November 3, 1874, for a term of two years, and gave bond. The legislature, by act of March 24, 1875 (Acts, p. 29), provided, that constables then in office should hold until the general election of 1878 and the qualification of their successors. The county court, in consequence of this law, required Drake to give a new bond, and he accordingly gave *563the bond…