Holbrook v. Trustees of Schools
Illinois Supreme Court
This was an action of debt, commenced by appellees against appellants, on bond given by Holbrook, as school treasurer, with Higgins and Paul as security. The declaration is in these words: “ For that whereas the said defendants heretofore, to wit, on the 3rd day of April, A. D. 1850, executed and delivered to said plaintiffs their writing obligatory, which writing obligatory is in substance as follows: STATE OE ILLINOIS,) LASALLE COUNTY.
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This was an action of debt, commenced by appellees against appellants, on bond given by Holbrook, as school treasurer, with Higgins and Paul as security. The declaration is in these words: “ For that whereas the said defendants heretofore, to wit, on the 3rd day of April, A. D. 1850, executed and delivered to said plaintiffs their writing obligatory, which writing obligatory is in substance as follows: STATE OE ILLINOIS,) LASALLE COUNTY. J Know all Men by these Peesents, That we, Edmund S. Holbrook, Ebenezer Higgins and William Paul, are held and firmly bound, jointly and severally, unto the…
1Opinion of the CourtCaton, C. J.
We shall first consider the sufficiency of the declaration. We think the answer to the objection that it does not show that there was a vacancy in the office of treasurer at the time of Hough’s appointment, is a good one. The statute gave to the trustees the power to remove the treasurer at pleasure. Possessing such a power, the appointment of another in the place of Holbrook was of itself, a removal of him from that office. It did not require a separate antecedent order of removal. Had the law required them to spread upon their records, the reason for the removal, or even authorized them to…
2Cited by4 opinions
- Massie v. BelfordIllinois Supreme Court · 1873
- E. B. Conover & Co. v. Baltimore & Ohio Southwestern RailroadAppellate Court of Illinois · 1918
- Cummins v. HolmesAppellate Court of Illinois · 1882
- Young v. PeopleIllinois Supreme Court · 1906