Shepard v. Pebbles
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac Cbunty. The plaintiff having paid a judgment recovered against himself, as a surety, and his principal on a guardian’s bond, brought this action against his cosurety, for contribution. The grounds of defense, and the character of certain evidence offered by defendant and rejected, are fully stated in the opinion.
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APPEAL from the Circuit Court for Fond du Lac Cbunty. The plaintiff having paid a judgment recovered against himself, as a surety, and his principal on a guardian’s bond, brought this action against his cosurety, for contribution. The grounds of defense, and the character of certain evidence offered by defendant and rejected, are fully stated in the opinion. The plaintiff had a verdict and judgment for the whole amount demanded- by him ; and the defendant appealed. argued that judgments are only binding upon the parties thereto, and their privies in blood and estate. Neither plaintiff nor…
1Opinion of the CourtCole, J.
This is an action to compel contribution bj one surety to another for money paid on a bond given by a guardian on the sale of real estate belonging to his ward. The bond was joint and several, and was conditioned that if tbe guardian “ do and shall justly and truly account for all the proceeds of the sale of said real estate and dispose of the same according to law, and perform all orders and decrees of the county court by him to be performed in the premises, then the obligation to be void.”
On the trial, the plaintiff offered in evidence a certified copy of an order on accounting' before the…
2Cases cited5 opinions
- Stovall v. BanksSupreme Court of the United States · 1871
- Watts v. GayleSupreme Court of Alabama · 1852
- Thomas v. . HubbellNew York Court of Appeals · 1857
- Pratt v. DonovanWisconsin Supreme Court · 1860
- Willey v. PaulkSupreme Court of Connecticut · 1825
3Cited by12 opinions
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Meyer v. BarthWisconsin Supreme Court · 1897
- Grafton v. HinkleyWisconsin Supreme Court · 1901
- In Re Kostohris' EstateMontana Supreme Court · 1934
- Clark v. SloanWisconsin Supreme Court · 1934
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