Campbell v. Hasbrook
Illinois Supreme Court
This was an action commenced in the Circuit Court of Peoria county, by motion, under the 116th section of chapter 59, of the Revised Statutes, entitled Justices of the Peace and Constables, to recover the amount of money collected on an execution, by plaintiff in error, with twenty per cent, damages.
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This was an action commenced in the Circuit Court of Peoria county, by motion, under the 116th section of chapter 59, of the Revised Statutes, entitled Justices of the Peace and Constables, to recover the amount of money collected on an execution, by plaintiff in error, with twenty per cent, damages. The affidavit upon which the motion is predicated, was made by Christian Lammers, and sets out that on the 7th day of November, 1859, said Hasbrook, for the use of Christian Lammers, recovered a judgment against Norman Howe, before Harrison Smith, justice of the peace, for the sum of $84.56, with…
1Opinion of the CourtBreese, J.
By section 54 of the statute relating to justices of the peace and constables (Scates’ Comp. 706), it is provided, that all executions issued by a justice of the peace shall be directed to any constable of the proper county, and made returnable to the justice issuing the same within seventy days from the date. By section 82, on the return of all executions, the constable shall pay over to the justice of the peace who issued the same, all money not previously paid over to the plaintiff.
The penalty for neglect is found in section 116. The proceeding is summary before a justice of the peace on…
2Cases cited1 opinion
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
3Cited by2 opinions
- Hooker v. WigginsSupreme Court of Florida · 1932
- McInerney v. Chicago Times Co.Appellate Court of Illinois · 1891