Carrington v. Bayley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action upon a bond executed May 4, 1857, by the defendant Bell as principal, and the other defendants as sureties, upon a license being granted to Bell, as guardian, to sell real estate of his minor wards. The complaint sets out the bond' in hcee verba, and alleges that there is now due thereon to the plaintiff from the defendants the sum of $3,000 (the penalty named in the bond), for which judgment is demanded.
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APPEAL from the Circuit Court for Grant County. Action upon a bond executed May 4, 1857, by the defendant Bell as principal, and the other defendants as sureties, upon a license being granted to Bell, as guardian, to sell real estate of his minor wards. The complaint sets out the bond' in hcee verba, and alleges that there is now due thereon to the plaintiff from the defendants the sum of $3,000 (the penalty named in the bond), for which judgment is demanded. No breach of the bond is alleged. The defendants Bayley and Bodges demurred to the complaint for insufficiency of facts, and appealed…
1Opinion of the CourtCole, J.
This action is brought upon a bond executed upon the 4th of May, 1857, by the defendant Bell as guardian and principal (and the other defendants as sureties), upon his being licensed to sell the real estate of minors. The complaint sets out the bond in hmc verba, and alleges that there is now due the plaintiff, from the defendant, the sum of three thousand dollars, the penalty of the bond. But no breach of the bond is alleged or shown, and we therefore think the complaint is clearly defective. ' It is, however, said in support of the sufficiency of the complaint, that the instrument counted…
2Cases cited1 opinion
- Supervisors of Franklin v. KirbyWisconsin Supreme Court · 1870
3Cited by2 opinions
- Taylor v. CoonWisconsin Supreme Court · 1891
- Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881