Bryner v. Board of Supervisors
Illinois Supreme Court
This was an action - commenced by the sheriff of Peoria county, for the purpose of recovering for oEcial services, rendered the county. The declaration was in debt, and there was a plea of the general issue. The case was submitted to Powell, Judge, for decision, without a jury, on an agreed state of facts.
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This was an action - commenced by the sheriff of Peoria county, for the purpose of recovering for oEcial services, rendered the county. The declaration was in debt, and there was a plea of the general issue. The case was submitted to Powell, Judge, for decision, without a jury, on an agreed state of facts. The defendant admitted that the services were rendered as charged in the bill, and that they were of the value as charged in the bill of items, but denied the liability of the county to pay for the same. The items admitted to be correct, consist of mileage in summoning grand and petit…
1Opinion of the CourtBreese, J.
We cannot find any statute which in its terms, or by any construction it may have received, allowing sheriffs pay for the services here shown, or for stationery in any form. There is neither a legal or moral obligation on the counties to pay such charges. He who takes the office of sheriff, takes it cum onere.
The judgment is affirmed.
Judgment affirmed.
2Cited by3 opinions
- County of LaSalle v. MilliganIllinois Supreme Court · 1892
- County of Crawford v. LindsayAppellate Court of Illinois · 1882
- Fayette County v. JenningsAppellate Court of Illinois · 1880