Untitled section

878.13

 

Action not barred; partial defense; stay of execution.

An action brought upon the bond of any personal representative, special administrator, guardian or trustee shall not be barred or dismissed by reason that a former action was prosecuted on the bond, but any payment of damages made or collected from the sureties or any of them on any judgment in an action previously begun by any party on the bond shall be applied as a total or partial discharge of the liability thereon; and such partial defense may be pleaded by answer or supplemental answer as may be proper. The court may stay execution on any judgment rendered in the action until the final determination of any other action commenced upon the bond.

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2023-24 Wisconsin Statutes updated

through 2025 Wis. Act 103 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on April 3, 2026.

Published and certified under s. 35.18. Changes effective after April 3, 2026, are designated by NOTES.

(Published 4-3-26)