32 Wis. 233 | Wis. | 1873
We have no doubt that the bond executed by the marshal under the provisions of the charter of the village of Oconomowoc (eh. 327, P. & L. Laws of 1869), is a legal instrument, and was intended to secure the public against loss or damage arising from the official acts of the marshal. The charter requires the marshal to execute a bond conditioned for
These allegations do not show, and are not equivalent to an averment stating, that Ludington took the plaintiff’s property while acting officially as marshal, and by virtue of a legal writ of replevin issued by a justice of the peace. And, in order to show a breach of the official bond, these facts should appear- and be clearly stated in the complaint. The judgment against Ludington in the circuit court may have been reversed on the ground that he was not acting in an official capacity when he took the plaintiff’s property, but was a wrongdoer. If the recovery was upon that ground, then clearly the surety on his
By the Court. — The order of the court below is reversed, and the cause remanded for further proceedings.