Shaw v. Havekluft
Illinois Supreme Court
On 17th March, 1857, Beard, as principal, and appellants as his sureties, executed a bond to the County Court of Oass county, in the penalty of one thousand dollars, with condition, “ That whereas, the above bounden Alexander Beard was elected a marshal in the city of Beardstown, and by virtue therof a constable of Cass county, on the 16th day of February, 1857: Now if the said Alexander Beard shall well and truly account for and pay over all moneys that may come to his…
Read the full summary
On 17th March, 1857, Beard, as principal, and appellants as his sureties, executed a bond to the County Court of Oass county, in the penalty of one thousand dollars, with condition, “ That whereas, the above bounden Alexander Beard was elected a marshal in the city of Beardstown, and by virtue therof a constable of Cass county, on the 16th day of February, 1857: Now if the said Alexander Beard shall well and truly account for and pay over all moneys that may come to his hands under any executions or otherwise, by virtue of gaid office, and that he will well and truly perform all and every act…
1Opinion of the CourtCaton, C. J.
In an action upon a constable’s bond, the obligees cannot be permitted to deny that he is a constable. Upon that question the execution of the bond concludes them. This same question was raised in an action on the bond of a justice of the peace, in the case of Green v. Wardwell, 17 Ill. R. 278, where this court said, “By signing his bond they acknowledged his right to the office, and to discharge its duties, and as such, recommended him to the public. They at least shall not be heard to say, that although they signed his bond, and thereby induced others to put money in his hands relying on…
2Cited by6 opinions
- McCarthy v. Alphons Custodis Chimney Construction Co.Illinois Supreme Court · 1906
- Bates v. WilliamsIllinois Supreme Court · 1867
- Fahnestock v. GilhamIllinois Supreme Court · 1875
- Bryers v. Highland Park Transfer & Storage Co.Appellate Court of Illinois · 1927
- Corning Glass Works v. AdelmanAppellate Court of Illinois · 1928
1 more not listed; retrieve them via the Exa API.