Magner v. Knowles
Illinois Supreme Court
Appeal from, the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was an action brought by John S. Knowles, by his next friend, against Samuel H. Magner, A. Y. Trogden and G. W. Hives, before a justice of the peace, upon the bond óf the first named defendant, the others being sureties.
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Appeal from, the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was an action brought by John S. Knowles, by his next friend, against Samuel H. Magner, A. Y. Trogden and G. W. Hives, before a justice of the peace, upon the bond óf the first named defendant, the others being sureties. The following is a copy of the bond : “Samuel H. Magner, chosen constable of the town of Paris, in the county of Edgar and State of Illinois, and A. Y. Trogden and George W. Hives, sureties, do hereby, jointly and severally, agree to pay each and every person who may be entitled…
1Opinion of the CourtChief Justice Lawrence
There is no error in this record. The bond was in substantial compliance with the statute, and was a good statutory bond. The receipt given by the constable, and his admissions that he had collected the money, were good evidence against both him and his sureties. It is not necessary that an action on a constable’s bond should be in the name of the people. In fact, it could not be, as the bond is not payable to the people.
Interest was properly allowed on the money collected by the constable which he refused to pay over.
Judgment affirmed.
2Cited by6 opinions
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- Roberts v. Parlin & OrendorffIllinois Supreme Court · 1876
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