Austin v. People ex rel. Burr
Illinois Supreme Court
This was an action of debt, brought by the defendants in error against Austin, on a guardian’s bond. The penalty of the bond, as described in the declaration, was $600. The cause was heard at the May term, 1845, of the Edgar Circuit Court. The jury found the defendant guilty,' and assessed the plaintiffs’ damages at $636 47. The plaintiffs, at that term, remitted $36 47, and judgment was rendered for $600 debt, and $600 damages.
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This was an action of debt, brought by the defendants in error against Austin, on a guardian’s bond. The penalty of the bond, as described in the declaration, was $600. The cause was heard at the May term, 1845, of the Edgar Circuit Court. The jury found the defendant guilty,' and assessed the plaintiffs’ damages at $636 47. The plaintiffs, at that term, remitted $36 47, and judgment was rendered for $600 debt, and $600 damages. The damages laid in the declaration were $500. Defendant pleaded non est factum and nil debet. At the succeeding October term, the plaintiffs remitted a further sum…
1Opinion of the Court
Opinion by Treat, C. J.:
The cases of Frazier vs. Laughlin, 1 Gilman, 347, and Hinckley vs. West, 4 Gilman, 136, are directly in point, and decisive of this case. The debt was not admitted by the pleadings. It was, therefore, the duty of the jury to have found as well the amount of the debt as the damages. This is regarded as a matter of substance, and not of form. The proper judgment for the plaintiff in such an action is, that he recover the amount of the debt found by the jury, to be discharged by the payment of the damages and costs. The verdict was not broad enough to sustain such a…
2Cited by4 opinions
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