Scherer v. Schutz

Bicknell, C. C.

Peter Heiser recovered a judgment against Scherer, Schütz and Seeberger upon a joint promissory note, and Schütz and Seeberger were compelled to pay it. They then brought this suit against Scherer, alleging that they were sureties only, and praying that they might have the benefit of said judgment as sureties, as in such cases provided, and all proper relief.

The defendant demurred to the complaint, for want of facts sufficient, etc. The demurrer was overruled. The defendant answered by a general denial. The issue was tried by the court, who found for' the plaintiffs, and…