Legal Opinion

Comer v. Huston

Appellate Court of Illinois

Decided June 22, 1894PublishedCited by 4 opinions

Memorandum.—Action against a sheriff for an escape. In the Circuit Court of McDonough County; the Hon. William Marsh, Judge, presiding. Declaration in debt; plea, nil debit; trial by jury; verdict and judgment for defendant; plaintiff appeals. Heard in this court at the May term, 1894, and affirmed.

1Opinion of the CourtJustice Boggs

The plaintiff in error recovered a judgment against one Samuel McGee in the sum of $300, damages in an action of trespass for an assault and battery upon him, upon which an execution against the body of McGee was issued and delivered to the defendant in error, then sheriff of McDonough county, to execute.

The sheriff arrested McGee and committed him to the county jail on the 29th day of .October, 1888. The plaintiff in error paid the fees for arresting and committing McGee to the jail, and also paid his board weekly in advance for two weeks, but refused to pay for the third week for the…

2Cases cited1 opinion

  1. Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893

3Cited by4 opinions

  1. State ex rel. Hallanan v. CyrusWest Virginia Supreme Court · 1918
  2. Saxton v. Sanborn CountySouth Dakota Supreme Court · 1956
  3. The Bartron Clinic v. KallemeynSouth Dakota Supreme Court · 1932
  4. Saxton v. Sanborn CountySouth Dakota Supreme Court · 1956

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