People v. Parker
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. R. D. W. Holder, Judge, presiding. The appellant Green Parker was town collector of the town of Alton for the year 1904 and the other appellants were the sureties on his official bond. He retained $2545.52 in settling with the county collector as his compensation, being two per cent of the amount of taxes collected by him.
Read the full summary
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. R. D. W. Holder, Judge, presiding. The appellant Green Parker was town collector of the town of Alton for the year 1904 and the other appellants were the sureties on his official bond. He retained $2545.52 in settling with the county collector as his compensation, being two per cent of the amount of taxes collected by him. Suit was brought on his official bond for the excess retained over $1500, and a judgment was rendered against appellañts, which was…
1Opinion of the CourtJustice Dunn
The statute allows to the town collector a commission of two per cent on all moneys collected by him and expressly directs that the excess of commission over $1500 shall be paid into the town treasury. (2 Starr & Cur. Stat. sec. 36, p. 1922.) There was no doubtful claim to settle. None of the pleas filed to the suit on the bond set up a valid defense except that of non est factum, and there was no pretense of a defense, in fact, under that plea. The collector admitted that he had retained the excessive amount. The resolution of the town meeting was merely a plain attempt to contribute to Mr.…
2Cases cited3 opinions
- Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
- Ferris v. Commercial National BankIllinois Supreme Court · 1895
- Sherlock v. Village of WinnetkaIllinois Supreme Court · 1871
3Cited by16 opinions
- City of Winchester v. RingIllinois Supreme Court · 1924
- Ashton v. County of CookIllinois Supreme Court · 1943
- Oakman v. City of EvelethSupreme Court of Minnesota · 1925
- People v. HoltenIllinois Supreme Court · 1919
- People ex rel. Stephens v. HoltenIllinois Supreme Court · 1922
11 more not listed; retrieve them via the Exa API.