Tucker v. People
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of debt upon the bond of an administratrix. The suit was brought in the name of the People, for the use of Frank Rhoner, Conrad Vogel and Frederick Vogel, partners, against Emily Phillips, the administratrix, and William Wisdom and Israel Tucker, her sureties.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of debt upon the bond of an administratrix. The suit was brought in the name of the People, for the use of Frank Rhoner, Conrad Vogel and Frederick Vogel, partners, against Emily Phillips, the administratrix, and William Wisdom and Israel Tucker, her sureties. The declaration contains but a single count, in which a general non-performance of the conditions of the bond is averred, to the injury of plaintiffs. Two special breaches are assigned— First—After reciting a recovery by the…
1Opinion of the CourtJustice Scott
Our statute provides that, when the condition of the bond of any public officer shall be violated, suit may be instituted on such bond and prosecuted to final judgment against such officer, and any or all the sureties, or against one or more of them jointly and severally, without first establishing the liability of the principal by obtaining judgment against him alone. The provisions of the act are made to apply to executors and administrators, and other officers named. Rev. Stat. 1874, page 730, sec. 13.
It will be observed this act authorized the bringing of an action against the…
2Cited by2 opinions
- McDonald v. PeopleAppellate Court of Illinois · 1905
- Mellon v. People ex rel BennettAppellate Court of Illinois · 1895