McLean v. County of Montgomery
Appellate Court of Illinois
Appeal from the Circuit Court of Montgomery County; the Hon. J. J. Phillips, Judge, presiding This was an action in assumpsit brought by the county of Montgomery against John J. McLean to recover from him certain moneys paid to him from the county treasury of Montgomery county, Illinois, on county warrants, drawn on the treasurer of said county, by order of the board of supervisors.
Read the full summary
Appeal from the Circuit Court of Montgomery County; the Hon. J. J. Phillips, Judge, presiding This was an action in assumpsit brought by the county of Montgomery against John J. McLean to recover from him certain moneys paid to him from the county treasury of Montgomery county, Illinois, on county warrants, drawn on the treasurer of said county, by order of the board of supervisors. These orders were drawn on the treasurer in payment of fees in criminal cases during McLean’s term of office as circuit clerk, and were only for such fees as could not be collected from the defendants on their…
1Opinion of the CourtConger, J.
On the trial of this case it was agreed and stipulated by the parties that the defendant might, under the genera] issue, prove any matter of defense which he could offer and prove under any special plea which could be properly pleaded in the cause.
Appellant admitted he was circuit clerk and ex officio recorder from the first Monday in December, 1880, to first Monday in December, 1884, and was re-elected his own successor and held the office until first Monday in December, 1888.
It was further admitted by appellant that while he was such clerk he was paid from the county treasury of Montgomery…
2Cases cited4 opinions
- Board of Supervisors v. EdwardsIllinois Supreme Court · 1875
- Jennings v. Fayette CountyIllinois Supreme Court · 1881
- Carter v. RodewaldIllinois Supreme Court · 1884
- County of Crawford v. LindsayAppellate Court of Illinois · 1882
3Cited by4 opinions
- County of Norfolk v. CookMassachusetts Supreme Judicial Court · 1912
- Ott Hardware Co. v. DavisCalifornia Supreme Court · 1913
- People ex rel. County of Vermilion v. McCordAppellate Court of Illinois · 1908
- Hawthorne Park District v. Seipp, Princell & Co.Appellate Court of Illinois · 1936