Legal Opinion

People v. Brown

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 55 opinions

This was an original suit in this court, by the State, against Aristus Brown, Clark W. Upton, Moses Evans and Lorenzo Hinkston, as sureties, upon the official bond of Walter W. Hastings, sheriff of Lake county. The case was submitted upon an agreed state of facts.

1Opinion of the CourtJustice Breese

This is an original suit in this court, by the people, against the sureties of the sheriff of Lake county, on his official bond, a defalcation by the sheriff in paying over a portion of the State revenue collected by him being alleged in the declaration.

Formal pleadings were waived by the parties, and a decision sought upon an agreed state of facts, which brings up the question, and it is the only question in the case: Can the mistake of the Auditor of Public Accounts, in stating the account of the sheriff, by which the defendants were prevented from obtaining indemnity from the sheriff, be…

2Cited by55 opinions

  1. Hickey v. Illinois Central RailroadIllinois Supreme Court · 1966
  2. Morgan v. Railroad Co.Supreme Court of the United States · 1878
  3. State v. Illinois Central RailroadIllinois Supreme Court · 1910
  4. Beals v. ConeSupreme Court of Colorado · 1900
  5. Whittemore v. PeopleIllinois Supreme Court · 1907

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