Oeltjen v. People ex rel. County of Menard

Appellate Court of Illinois

Oeltjen v. People ex rel. County of Menard

61 Ill. App. 54, 1895 Ill. App. LEXIS 685

DecidedNovember 15, 1895

StatusPublished

This text of 61 Ill. App. 54 (Oeltjen v. People ex rel. County of Menard) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oeltjen v. People ex rel. County of Menard, 61 Ill. App. 54, 1895 Ill. App. LEXIS 685 (Ill. Ct. App. 1895).

Pincite

Opinion

Mr. Justice Wall

delivered the opinion op the Court.

This case was here at a former term. 56 Ill. App. 138.

The judgment, which was for the defendants, was reversed upon the merits for reasons stated in the opinion then filed.

Another trial resulted in a judgment for the plaintiffs, from which the present appeal is prosecuted.

The evidence and the defense thereon, so far as discussed in the former opinion, seem to be precisely as before, and we are not disposed to modify the views then expressed.

There also appears in this record the official report of the treasurer, filed December 22, 1893, showing the amount in his hands Bovember 30, 1893.

According to repeated rulings of the Supreme Court this report is binding upon the sureties as well as the principal. Beither he nor they can contradict it.

However, as we held in the former opinion, the facts set up by way of defense do not amount to a contradiction of the report, even if contradiction were admissible. The judgment will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI