C A S E S l
, ARGUED AND DETEBMINED 4
_— _ m rm:
• • • • •
Samtzd stutza tliittmf mul grated Glnurtn.
‘ ‘ J Moonr. v. BAKER et al.
n (0€rouit Court,-El D. Wisconsin. February 18, 1888.)
Pnmcriur. Am: Smun·rr—Co¤rnmur1ons nurwmun C0-SURETIEE—ENFORCEMENT
m Equr·rr—Exrr.ms·r1ne Rnumnr AT Law. » ·
‘ A bill by a surety againstja co-surety, to compel contribution, and to set
aside certain conveyances and subject the property conveyed to the satisfac-
tion of such liability. is not a cred1tors’ bil , and a court of equity may, upon
suitable averments, proceed to grant such relief, without requiring the suretv
to first exhaust his remedy at law by judgment and return of nulla bona.
In Equity. On demurrer to bill. A ,
'1`hecase made by the bill was this: In April, 1880, one John C.
Pierron was elected treasurer of the city of Fond du Lac. He executed
to the citya bond for the faithful performance of the duties of the ofiice,
in the sum of $100,000. The bond was also signed by John Hughes,
James Gaynor, Charles VB. Bartlett, Leon Lallier, Thomas Mason, Rob
crt A. Baker, one of the defendants in the present suit, and the com
plainant, Moore,—all of whom executed the bond as sureties of Pier-
ron. Subsequently, Pierron, as such treasurer, became_ liable to the
city in the sum of over $37,000, and the city brought suit upon the
bond against him and his sureties to recover said sum. Mason died
after the bringing of the suit, and before judgment." Pierron appeared,
and answered that he had taken proceedings in insolvency, under the
statutes of the state, had made an assignment of his property in said
proceedings, and had been discharged from all his debts and liabili-
ties. Judgment was obtained in the suit in favor of the city against
Baker, Hughes, Lallier, Moore, Gaynor, and Bartlett, in the sum of $39,-
707.93, which became a lien upon the real estate of each of the judg-
ment defendants situated in the county of Fond du Lac. This judg-
ment was affirmed, on appeal, by the supreme court of the state, (City
ty Fond du Lac v. Moore, 15 N. W. Rep. 782,) as to all of the defendants
except Hughes, who was discharged from all liability, as surety of Pier-
v.34rQno.1—1 H