Greenberg v. People ex rel. Balaban
Appellate Court of Illinois
Action of debt. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement Tby the Court. This is an appeal by the defendants from a judgment for $10,000 debt and $800 damages recovered upon a constable’s bond. The husband of Augusta Balaban had a retail grocery store in Chicago and his wife assisted' him in the store.
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Action of debt. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement Tby the Court. This is an appeal by the defendants from a judgment for $10,000 debt and $800 damages recovered upon a constable’s bond. The husband of Augusta Balaban had a retail grocery store in Chicago and his wife assisted' him in the store. A judgment was recovered against him before a justice of •the peace and an execution issued thereon and placed in the hands of Constable Greenberg. Greenberg went to the store to…
1Opinion of the Court
Mr, Justice Baker
delivered the opinion of the court.
The objection that the trial court erred in admitting the bond in evidence because the declaration averred that the. recital in the bond was that Greenberg “had been duly elected as a constable of the county of Cook,” while the recital in the bond-is that he “had been duly elected a constable in and for the town of Horth Chicago in the county of Cook,” is without merit. A constable, though elected by the voters of a town, is a constable of the county in which said town is. His certificate of election is issued by the county clerk; in case of…
2Cases cited6 opinions
- Fisher v. ThirkellMichigan Supreme Court · 1870
- State ex rel. McPherson v. BecknerIndiana Supreme Court · 1892
- Huffman v. KoppelkomNebraska Supreme Court · 1879
- Turner v. SissonMassachusetts Supreme Judicial Court · 1884
- Greenman v. HarveyIllinois Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hawkins v. County of LakeIllinois Supreme Court · 1922