County of Cook v. Healy

The county of Cook, appellant, brought this suit in assumpsit in the circuit court of Cook county against John J. Healy, State’s attorney of said county, appellee, to recover $7151 fees collected by appellee- from December 5, 1905, to February 28, 1906, inclusive. The declaration consisted of the common counts for money had and received for the use of the plaintiff, and the plea was the general issue.

It appears that during the period in which the fees were collected the defendant was paid from the State and county treasuries his salary in full at the rate of $10,000 per annum, under the…