Boutin v. Etsell
Wisconsin Supreme Court
Appeal from, judgment of the circuit court for Bayfield county: Jomsr K. Babish, Circuit Judge. One Alonzo Knight was elected county treasurer of Bay-field county for the term commencing January, 1899. He executed a bond, with the plaintiffs, defendant, and others as sureties, to the county, and entered upon the discharge of his duties. During his term, Knight became a defaulter, and thereafter an action was commenced on his bond against his- sureties.
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Appeal from, judgment of the circuit court for Bayfield county: Jomsr K. Babish, Circuit Judge. One Alonzo Knight was elected county treasurer of Bay-field county for the term commencing January, 1899. He executed a bond, with the plaintiffs, defendant, and others as sureties, to the county, and entered upon the discharge of his duties. During his term, Knight became a defaulter, and thereafter an action was commenced on his bond against his- sureties. Service was made,on seven of the sureties, including the plaintiffs herein. Four, including the defendant, were not found, and did not appear.…
1Opinion of the CourtEaedeeN, J.
A number of objections to the validity of the judgment are raised by defendant, which will be considered as presented:
1. He first raises the question whether this is an action at law or in equity. The complaint states a plain cause of action at law. It was so treated by the parties on the trial, and will so be considered here.
2. Nest it is claimed that there were eleven sureties, and the facts show that plaintiffs have not paid more than their proportionate share of the original judgment. This contention ignores the fact of the compromise. The ultimate liability of all the sureties to the…
2Cases cited13 opinions
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Gross v. DavisTennessee Supreme Court · 1889
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- Werborn's Adm'r v. KahnSupreme Court of Alabama · 1890
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- Travelers Insurance v. HallauerWisconsin Supreme Court · 1907
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