Legal Opinion

Trustees of Schools v. Smith

Illinois Supreme Court

Decided January 15, 1878PublishedCited by 9 opinions

Appeal from the Circuit Court of McLean county. This was a suit by the trustees of schools of township 24 north of range 4 east, of the third principal meridian, upon a township treasurer’s bond to them, where there was judgment for the defendants, and the plaintiffs appealed.

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Appeal from the Circuit Court of McLean county. This was a suit by the trustees of schools of township 24 north of range 4 east, of the third principal meridian, upon a township treasurer’s bond to them, where there was judgment for the defendants, and the plaintiffs appealed. The bill of exceptions shows that on the 29th day of March, 1870, one Isaac Smith was appointed township treasurer by the plaintiffs, and gave the bond in suit, with the defendants as sureties, it being in the usual statutory form, conditioned for the faithful discharge of all the duties of the office and for the…

1Opinion of the CourtJustice Sheldon

Appellees say, there is no evidence showing that Isaac Smith was a defaulter even at the time of his death; that there is no evidence that he ever received any of the permanent fund of the township, the evidence showing that the whole of that was loaned at the time of his appointment in 1870, that the only evidence of a default was, that after his death his administrator failed to find all the property belonging to the township. This latter was prima facie sufficient. The evidence shows that Smith, on his taking upon himself the office, March 29, 1870, received from two funds the sum of…

2Cited by9 opinions

  1. People v. Metropolitan Surety Co.California Supreme Court · 1912
  2. Royal Indemnity Co. v. American Vitrified Products Co.Ohio Supreme Court · 1927
  3. Brillion Lumber Co. v. BarnardWisconsin Supreme Court · 1907
  4. Johnson v. PeopleIllinois Supreme Court · 1888
  5. Trustees of Schools of Town One v. ChambersAppellate Court of Illinois · 1926

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