State ex rel. Franse v. Bryant

Maxwell, Ch. J.

The defendant is the county judge of Cuming county. The First National Bank of West Point recovered a judgment before him on a promissory note against one Ferdinand A. Mervis as principal and Thomas M. Franse and William Boldt as sureties.

On the same day upon which judgment was rendered the sureties paid to the defendant the amount of the judgment and costs and tendered him twenty-five cents to enter satisfaction of the judgment. He refused to enter such satisfaction unless he was also paid one per cent on the judgment as commission. The relator thereupon brought this action to…