Legal Opinion

County of Knox v. Arms

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 5 opinions

This was an appeal from the board of supervisors of Knox county, upon the refusal of that board to allow the clerk of the Circuit Court for the printing of blanks for the use of his office, and was tried in the Circuit Court of Knox county before a jury, at the October term, A. D. 1857. Verdict and judgment for plaintiff. Motion for a new trial by defendant, overruled.

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This was an appeal from the board of supervisors of Knox county, upon the refusal of that board to allow the clerk of the Circuit Court for the printing of blanks for the use of his office, and was tried in the Circuit Court of Knox county before a jury, at the October term, A. D. 1857. Verdict and judgment for plaintiff. Motion for a new trial by defendant, overruled. On the trial it was agreed by the plaintiff and defendant, as evidence for the jury, that the articles charged in the bill of the plaintiff, filed in said cause to said county, were procured by the plaintiff and paid for by…

1Opinion of the CourtBreese, J.

It was error in this case to award an execution against the county on the judgment rendered against it. In such case our statute, (Scates’ Comp. 300,) provides expressly when a judgment is so rendered, the court of the county shall order a warrant to be drawn on their treasurer for the amount of the judgment and costs, to be paid as other county debts, and “ nothing herein contained shall authorize any execution to be issued against lands or other property of any county of this State.”

Upon the other question presented, as to the liability of the county to pay for printed blanks, subpoenas,…

2Cited by5 opinions

  1. People Ex Rel. Goodman v. Wabash RailroadIllinois Supreme Court · 1946
  2. Harris County v. Clarke & CourtsCourt of Appeals of Texas · 1896
  3. McClaughry v. Board of SupervisorsIllinois Supreme Court · 1868
  4. Board of County Commissioners v. KoonsSupreme Court of Colorado · 1869
  5. Henrie v. Columbia CountySuperior Court of Pennsylvania · 1901

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