Cassady v. Trustees of Schools
Illinois Supreme Court
This was a writ of error to the Appellate Court for the Second District. An action of debt was instituted in the circuit court by the trustees of schools against Cassady, as a security upon the official bond of a township treasurer. Upon a trial in the circuit court judgment was recovered by the plaintiffs, and on appeal by defendant to the Appellate Court that judgment was affirmed. Cassady, the defendant, thereupon sued out this writ of error.
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This was a writ of error to the Appellate Court for the Second District. An action of debt was instituted in the circuit court by the trustees of schools against Cassady, as a security upon the official bond of a township treasurer. Upon a trial in the circuit court judgment was recovered by the plaintiffs, and on appeal by defendant to the Appellate Court that judgment was affirmed. Cassady, the defendant, thereupon sued out this writ of error. Upon the hearing in this court the judgment of the Appellate Court was reversed and the cause remanded, and judgment for costs was entered against…
1Opinion of the Court
Scott, J.:
The judgment in this case was entered in vacation. It is in the power of the court any time within six months to change the judgment. We are of opinion the motion ought to be allowed. Under the statute there can be no costs adjudged against the trustees of schools where they prosecute in their official capacity. There is nothing in this case to show but what they have prosecuted in good faith. There could, therefore, be no reason for adjudging costs against them personally, if such a thing was even authorized by the statute-. But they prosecuted here iu their official capacity, and…
2Cited by3 opinions
- Board of Education v. School Directors of District No. 66Appellate Court of Illinois · 1916
- Witter v. WhippleSupreme Court of Colorado · 1899
- Trustees of Schools v. SouthardAppellate Court of Illinois · 1889