Yocum v. Town of Waynesville
Illinois Supreme Court
Appeal from, the Circuit Court of De Witt county; the Hon. John M. Scott, Judge, presiding. Elijah Yocum, having been duly elected overseer of highways, refused to serve. This was an action to recover the statute penalty of $10 imposed for such a refusal. Judgment was rendered against him therefor, both by the justice and in the Circuit Court, and he took this appeal.
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Appeal from, the Circuit Court of De Witt county; the Hon. John M. Scott, Judge, presiding. Elijah Yocum, having been duly elected overseer of highways, refused to serve. This was an action to recover the statute penalty of $10 imposed for such a refusal. Judgment was rendered against him therefor, both by the justice and in the Circuit Court, and he took this appeal. On the 4th day of April, I860, at the annual town-meeting, Elijah Yocum was, on motion, in open meeting, elected overseer of highways. One witness stated that he did not see Yocum there at that time, and thinks he was not there…
1Opinion of the CourtJustice Beeese
An action was commenced before a justice of the peace of DeWitt county, by Alvan Lane and others, describing themselves as commissioners of highways of the town of Waynesville, against Elijah Yocum, to recover the penalty of ten dollars for his refusing to serve as overseer of highways, he having been thereto duly chosen, as alleged.
A judgment was recovered against him before the justice of the peace for ten dollars, from which he appealed to the Circuit Court. In that court the defendant entered a motion to dismiss the suit for want of a bond for costs. This motion was denied.
The Circuit…
2Cases cited2 opinions
- Shoudy v. School Directors, &c.Illinois Supreme Court · 1863
- Adams v. MillerIllinois Supreme Court · 1850
3Cited by3 opinions
- Hackett v. Van FrankMissouri Court of Appeals · 1906
- Town of North Judson v. Chicago & Erie RailroadIndiana Court of Appeals · 1920
- People ex rel. Parry Mfg. Co. v. HamAppellate Court of Illinois · 1898