Legal Opinion

Goff v. Douglas County

Illinois Supreme Court

Decided March 31, 1890PublishedCited by 2 opinions

Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Douglas county; the Hon. C. B. Smith, Judge, presiding. This was an action by John Goff, sheriff of Douglas county, against that county, for moneys paid by him to a person appointed by him to exercise the duties of jailer. The case is stated in a special count in the declaration.

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Writ of Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Douglas county; the Hon. C. B. Smith, Judge, presiding. This was an action by John Goff, sheriff of Douglas county, against that county, for moneys paid by him to a person appointed by him to exercise the duties of jailer. The case is stated in a special count in the declaration. It is therein alleged “that plaintiff, at various times, from May 5, 1888, to December 3, 1888, paid to J. C. Cutler $212, and also, at various times, from December 3, 1888, to March 4, 1889,…

1Opinion of the CourtJustice Scholfield

We are unable to distinguish this case, in principle, from Seibert v. Logan County, 63 Ill. 156, where the facts were the same that they are here. The decision there is expressly upon the ground that the appointment of a jailer is decretionary with the sheriff, and, when appointed, he is but the deputy of the sheriff, and accountable to the sheriff. (See, also, Union County v. Patton, 63 Ill. 458.) The statute affecting this question has undergone no material change since that case was decided. See 1 Gross’ Comp. 1873, chap. 55, sec. 2; 2 Starr & Curtis, chap. 75, secs. 2, 3, p. 1372.

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2Cases cited2 opinions

  1. Marion County v. LearIllinois Supreme Court · 1884
  2. Union County v. PattonIllinois Supreme Court · 1872

3Cited by2 opinions

  1. County of LaSalle v. MilliganIllinois Supreme Court · 1892
  2. County of Cook v. GilbertIllinois Supreme Court · 1893

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