Compher v. People
Illinois Supreme Court
This was an action brought on a bond executed by Compher, as collector of Peoria county. The other defendants were his sureties. The bond was executed on the 24th of Sept., 1849, and is in the usual form. The defendants pleaded, first: that on the sixth of Nov., A. D. 1849, the General Assembly of the State, without the consent of the defendants, changed the time for the rendition of judgment against delinquent tax payers.
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This was an action brought on a bond executed by Compher, as collector of Peoria county. The other defendants were his sureties. The bond was executed on the 24th of Sept., 1849, and is in the usual form. The defendants pleaded, first: that on the sixth of Nov., A. D. 1849, the General Assembly of the State, without the consent of the defendants, changed the time for the rendition of judgment against delinquent tax payers. Second: That at the time the bond was executed, it was by law, the duty of the collector, and he was authorized and empowered to distrain for taxes and revenue, due the…
1Opinion of the CourtTrumbull, J.
The question in this case is, whether the . sureties upon the appeal bond of the collector, are discharged by the changes in the law regulating the duties of collectors, enacted subsequent to the date of the bond. The alterations in the law, are set up in a number of distinct pleas, to all of which the Circuit Court sustained a demurrer.
One of the pleas, after referring to various statutes enacted subsequent, to the date of the bond, alleges that thereby the liability of the sureties was materially changed; and it is insisted that the plaintiffs below, by demurring to the plea, have admitted…
2Cases cited1 opinion
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