Eads v. Couse
Illinois Supreme Court
Appeal from the Circuit Court of Knox County; the Hon. Charles B. Lawrence, Judge, presiding. In a suit brought by appeal into the Circuit Court, wherein Alfred Couse was plaintiff, and John Eads and another were defendants, the latter obtained a judgment against Couse for costs. Thereupon the clerk issued a fee-bill against Couse for the costs of both parties, which came to the hands of the sheriff, and was by him levied upon a lot of corn belonging to Couse.
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Appeal from the Circuit Court of Knox County; the Hon. Charles B. Lawrence, Judge, presiding. In a suit brought by appeal into the Circuit Court, wherein Alfred Couse was plaintiff, and John Eads and another were defendants, the latter obtained a judgment against Couse for costs. Thereupon the clerk issued a fee-bill against Couse for the costs of both parties, which came to the hands of the sheriff, and was by him levied upon a lot of corn belonging to Couse. A sale was had, Eads became the purchaser, and took the com into his possession. Couse brought his action of trover against Eads to…
1Opinion of the CourtJustice Beckwith
The clerk of the Circuit Court had no authority to issue a fee-bill against Couse for the collection of Eads’ costs. Eads had recovered a final judgment, and the only mode of collecting his costs of Couse was by an execution. Purp. Stat. 826.
A fee-bill may be issued against a party to collect the costs due from him to the officers of court, &c., without regard to the results of the suit (Purp. Stat. 562), but the clerk has no authority to issue that kind of process to enforce a final judgment. Neal v. Blanchard, 32 Ill. 503.
The fee-bill under which the appellant justifies the conversion of…
2Cases cited1 opinion
- Neal v. BlanchardIllinois Supreme Court · 1863
3Cited by3 opinions
- People v. NichollsAppellate Court of Illinois · 1977
- German-American Savings, Loan & Building Ass'n v. TrainorIllinois Supreme Court · 1920
- People v. NichollsAppellate Court of Illinois · 1977