Board of Trustees of Township 35 v. Scheik
Appellate Court of Illinois
Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. The declaration in this case is upon a bond signed by the defendants in the penal sum of $60,000, conditioned that one Philip Beitz, township treasurer of said township 35 N. R., 13 W., should faithfully discharge all of the duties of said office, etc., and the breach alleged is, that he failed to pay over to his successor the sum of $10,000 in his hands as such treasurer, when his…
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Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. The declaration in this case is upon a bond signed by the defendants in the penal sum of $60,000, conditioned that one Philip Beitz, township treasurer of said township 35 N. R., 13 W., should faithfully discharge all of the duties of said office, etc., and the breach alleged is, that he failed to pay over to his successor the sum of $10,000 in his hands as such treasurer, when his term of office determined and his successor was appointed. The defendants prayed oyer of the bond and the condition, set…
1Opinion of the CourtPillsbury, J.
We have examined the declaration filed herein, and find that in form it strictly follows the approved precedents in declaring upon penal bonds with conditions attached, and not being obnoxious to any technical objection, it is evident that in sustaining the demurrer to it, the court below was of the opinion that the instrument declared on was so incomplete as to be a nullity, and no action could be maintained thereon. The allegations of the declaration show that the defendants delivered this bond to the plaintiffs, as the official bond of Beitz, and was by the trustees received and approved…
2Cases cited4 opinions
- Wild Cat Branch v. BallIndiana Supreme Court · 1873
- Coons v. PeopleIllinois Supreme Court · 1875
- Richardson v. People ex rel. DuggerIllinois Supreme Court · 1877
- Todd v. CowellIllinois Supreme Court · 1852
3Cited by1 opinion
- Wright v. LoringAppellate Court of Illinois · 1931