City of East St. Louis ex rel. Dowd v. Renshaw
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. B. R. Burroughs, Judge, presiding. This is an action brought by the City of East St. Louis for the use of John Dowd against John W. Renshaw, city treasurer of that city, and his sureties upon the official bond of said Renshaw, as such city treasurer.
Read the full summary
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. B. R. Burroughs, Judge, presiding. This is an action brought by the City of East St. Louis for the use of John Dowd against John W. Renshaw, city treasurer of that city, and his sureties upon the official bond of said Renshaw, as such city treasurer. The declaration avers, that the bond, which was in the penal sum of $100,000.00, was executed on April 13, 1887, and on the next day acknowledged and approved. The condition of the bond, as set forth in the…
1Opinion of the CourtJustice Magruder
The question in the case is the sufficiency of the amended pleas. We cannot see why the first amended plea, considered by itself, does not present a good defense. Benshaw bound himself by his bond to promptly turn over to his successor all monies coming into his hands as city treasurer, “as directed by the city council.” The plea avers, that his successor was appointed and qualified and had demanded the money, and the city council had directed him to pay it over to such successor, and he had done so. The averment is, that he did just what his bond required him to do.
It is claimed, however,…
2Cases cited5 opinions
- Millikin v. JonesIllinois Supreme Court · 1875
- Brent v. DavisSupreme Court of the United States · 1825
- Mount v. ScholesIllinois Supreme Court · 1887
- Waterbury v. McMillanMississippi Supreme Court · 1872
- Dinet v. PfirshingIllinois Supreme Court · 1877
3Cited by7 opinions
- People ex rel. Akin v. KipleyIllinois Supreme Court · 1897
- Angus v. Chicago Trust & Savings BankIllinois Supreme Court · 1897
- VanNorman v. YoungIllinois Supreme Court · 1907
- People ex rel. Dwight v. Chicago Railways Co.Illinois Supreme Court · 1915
- Mugrage v. PeopleColorado Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.