10 Wis. 499 | Wis. | 1860
By the Court,
This is an action upon an indemnity bond, executed by the appellants to the respond
There can be no doubt that the summons was irregular. The action was upon a contract for the' recovery of money only. The judgment is also irregular, in not having been taken for the penalty. Section nineteen, of chapter 140, of the Revised Statutes, provides that in all actions brought for the breach of the conditions of a bond, judgment shall be entered in the common form, for the penal sum, but no execution shall issue thereon, except as provided in the following sections. The subsequent sections provide for the assessment of the amount actually due, and the issuing of execution therefor. However, as neither of these irregularities affect the substantial rights of the appellants, the judgment of the county court must be affirmed. Sec; 40, chap. 125, R. S.
Judgment affirmed.