Warren v. Gordon
Wisconsin Supreme Court
APPEAL PROM COUNTY COURT, MILWAUKEE COUNTY. This was an action brought by Dewey K Warren, Sheriff of Waukesha, against Lefebre D. Gordon, Orvis French, and' D. Edgar French, upon an indemnity bond, given by the defendants to the plaintiff, to secure him in making a levy in an attachment case, of Gordon against one Peter Smith.
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APPEAL PROM COUNTY COURT, MILWAUKEE COUNTY. This was an action brought by Dewey K Warren, Sheriff of Waukesha, against Lefebre D. Gordon, Orvis French, and' D. Edgar French, upon an indemnity bond, given by the defendants to the plaintiff, to secure him in making a levy in an attachment case, of Gordon against one Peter Smith. The penalty in the bond was $800. The goods taken were appraised at $433, and taken from the possession of one Franz Hcenig, who subsequently recovered a judgment against the plaintiff, in replevin, which the plaintiff had been obliged to pay. The complaint, which was…
1Opinion of the Court
By the Court,
Dixon, C. J.
This is an action upon an indemnity bond, executed by the appellants to the respond*500ent, as sheriff of Waukesha county. It was instituted in the county court of Milwaukee county, on the 21st day of January, 1859. The complaint is in the usual form, avering breaches, and demanding judgment for $800, the penalty of the bond, besides costs of action. The summons is for relief. The defendants having failed to answer, the plaintiff, at the ensuing February term, took judgment by default, for $650 54, being the amount of damages assessed for the breaches assigned in the…
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