Magner v. Knowles

Illinois Supreme Court

Magner v. Knowles

67 Ill. 325

CourtIllinois Supreme Court

DecidedJanuary 15, 1873

StatusPublished

Cited by6 cases

This text of 67 Ill. 325 (Magner v. Knowles) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Magner v. Knowles, 67 Ill. 325 (Ill. 1873).

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Opinion

Mr. Chief Justice Lawrence

delivered the opinion of the Court:

There is no error in this record. The bond was in substantial compliance with the statute, and was a good statutory bond. The receipt given by the constable, and his admissions that he had collected the money, were good evidence against both him and his sureties. It is not necessary that an action on a constable’s bond should be in the name of the people. In fact, it could not be, as the bond is not payable to the people.

Interest was properly allowed on the money collected by the constable which he refused to pay over.

Judgment affirmed.

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Mr. Chief Justice Lawrence

delivered the opinion of the Court:

There is no error in this record. The bond was in substantial compliance with the statute, and was a good statutory bond. The receipt given by the constable, and his admissions that he had collected the money, were good evidence against both him and his sureties. It is not necessary that an action on a constable’s bond should be in the name of the people. In fact, it could not be, as the bond is not payable to the people.

Interest was properly allowed on the money collected by the constable which he refused to pay over.

Judgment affirmed.

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Bluebook (online)

67 Ill. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magner-v-knowles-ill-1873.

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