Guyman v. Burlingame
Illinois Supreme Court
Error to the Circuit Court of Randolph county; the Hon.. S. L. Bryan, Judge, presiding. This was an action of debt, commenced in the Randolph Circuit Court by Burlingame, against Guyman and Seaburn J. Moore, by writ of summons. The summons was in the usual form, bearing date April 5, 1861, and directed to the sheriff, on which was this indorsement: “I hereby appoint R. H. Jenkins special bailiff to execute this writ, April 9th, 1861. M. S. McCormick, Shff. R. C., Ills.”
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Error to the Circuit Court of Randolph county; the Hon.. S. L. Bryan, Judge, presiding. This was an action of debt, commenced in the Randolph Circuit Court by Burlingame, against Guyman and Seaburn J. Moore, by writ of summons. The summons was in the usual form, bearing date April 5, 1861, and directed to the sheriff, on which was this indorsement: “I hereby appoint R. H. Jenkins special bailiff to execute this writ, April 9th, 1861. M. S. McCormick, Shff. R. C., Ills.” The return was as follows: “I have executed the within writ by reading to the within named Noah Guyman, Seaburn Moore not in…
1Opinion of the CourtJustice Breese
Two questions are presented by this record. First, can the ordinary process of a Circuit Court be executed by a special bailiff, under the appointment pro hac vice of the sheriff? And next, was the note sued on a bet on an election authorized by law?
At common law several kinds of bailiffs were recognized, and among them sheriff’s bailiffs, who are regarded as servants to sheriffs of counties, to execute writs, warrants, etc., for whose misdemeanors or defaults the sheriffs were answerable. Sheriffs had under them an under-sheriff, bailiffs, jailer, etc., for all of whom they were answerable.…
2Cited by8 opinions
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- Specht v. BeindorfNebraska Supreme Court · 1898
- County of Carroll v. DurhamAppellate Court of Illinois · 1905
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