Rutzen v. Mitten

On January 18, 1939, the defendant, sheriff of Milwaukee county, arrested one Walter W. Eiler and confined him in a jail under a body execution issued out of the civil court of Milwaukee county upon a tort judgment. On the 19th of January, 1939, Eiler, as principal, and Charles Schneider, as surety, executed a bond to the defendant in the penal sum of $2,690.16. The bond was conditioned that—

“the said' Walter W. Eiler shall remain a true and faithful prisoner, and shall not escape or go without the limits of the jail of said Milwaukee county, until discharged by the course of law.”

The surety…