Legal Opinion

State v. Becker

Wisconsin Supreme Court

Decided October 20, 1891PublishedCited by 1 opinion

APPEAL from the Circuit Court for Bane County. Conrad Becker was charged in the municipal court of Dane county with a violation of the excise laws, and was tried for and convicted of such offense in August, 1888. He appealed to the circuit court of Dane county from the judgment of the municipal court, and entered into a bond or recognizance Avith the present appellants, John M. Becker and Henry Becker, as sureties, in the sum of $400, conditioned for his personal appearance…

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APPEAL from the Circuit Court for Bane County. Conrad Becker was charged in the municipal court of Dane county with a violation of the excise laws, and was tried for and convicted of such offense in August, 1888. He appealed to the circuit court of Dane county from the judgment of the municipal court, and entered into a bond or recognizance Avith the present appellants, John M. Becker and Henry Becker, as sureties, in the sum of $400, conditioned for his personal appearance “ before the circuit court of said county at the term thereof then next to be held in and for said county, to answer to…

1Opinion of the CourtLyoN, J.

The undertaking of the sureties in the recognizance which is the basis of this judgment was for the appearance of their principal at the November term, 1888, of the circuit court, and at that term alone. We think the limitation of the recognizance to that term, in respect to the appearance of the principal, applies to the other conditions of the instrument as well, and that the instrument is to be construed as though it had been written therein that the principal should abide the judgment of the court to be pronounced at that term. Such is the reasonable and natural, as well as grammatical,…

2Cases cited1 opinion

  1. Keefhaver v. CommonwealthSupreme Court of Pennsylvania · 1830

3Cited by1 opinion

  1. State v. MurdockNebraska Supreme Court · 1900

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