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BROADBENT v. HEGGE

No. 159.

44 Wis.2d 719 (1969)

172 N.W.2d 34

BROADBENT, Respondent, v. HEGGE and others, Appellants: HOYE and another, Defendants.

Supreme Court of Wisconsin.

Decided November 25, 1969.

Attorney(s) appearing for the Case

For the appellant Russell F. Hegge there was a brief by Roberts, Boardman, Suhr & Curry of Madison, and by Noll, Donovan & Bolgrien of Beloit, and oral argument by Gerald T. Conklin of Madison.

For the appellants Leonard E. Alderson, Perry R. Helgestad, and Effie Clarida there were briefs and oral argument by Robert J. Ruth of Beloit.

For the appellant Fidelity & Casualty Company of New York there was a brief by Wickhem, Consigny & Sedor of Janesville, and oral argument by Gilbert D. Sedor.

For the respondent there was a brief and oral argument by Frank X. Kinast of Beloit.

ROBERT W. HANSEN, J.

This appeal asks a single question about a single statute that has been interpreted in a single prior decision of this court.

The statute: Sec. 19.03, Stats., providing that: "(1) Every person commencing an action against any officer and his sureties upon his official bond, . . . shall give security for costs by an undertaking as prescribed in s. 271.28 (3) or 307.09, respectively, and a copy thereof shall be served upon the defendants...

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