Clark v. People Ex Relatione Samuel L. Crane.

• Decision Date: 31 December 1853
• Citation: 1853 WL 4836,15 Ill. 213,5 Peck 213
• Parties: JONES CLARKv.THE PEOPLE ex relatione SAMUEL L. CRANE.
• Court: Illinois Supreme Court

15 Ill. 213
1853 WL 4836 (Ill.)
5 Peck (IL) 213

JONES CLARK
v.
THE PEOPLE ex relatione SAMUEL L. CRANE.

Supreme Court of Illinois.

December Term, 1853.

THIS cause was heard before WOODSON, judge, at March term, 1852, of the Pike circuit court.

R. S. BLACKWELL and M. HAY, for plaintiff in error.C. L. HIGBEE and G. EDWARDS, for defendants in error.

[15 Ill. 214]

TREAT, C. J.

This was an information in the nature of a quo warranto, filed on the relation of Crane against Clark, at the March term, 1851, of the Pike circuit court. The information alleged, in substance, that at the December term, 1849, of the Pike county court, the relator was appointed treasurer of the county, to fill a vacancy occasioned by the death of the incumbent; that he thereupon gave the requisite bond, took the prescribed oath, and entered upon the duties of the office; that he continued to discharge the duties until the 12th of September, 1850, when the defendant intruded into and usurped the office, and from thenceforth exercised the powers and duties pertaining thereto.

During the same term, the defendant filed two pleas, to which there was a demurrer. The pleas were not numbered. This order was made on the 16th of October, 1851: “This day came the parties, and the demurrer filed to the defendant's pleas was argued and taken under advisement.” On the 18th of October, 1851, an order was entered in these words: “This day came the parties by their attorneys, and leave is given defendant to file additional pleas, and this cause is continued.” The defendant then filed three pleas, numbered 1, 2 and 3.

The first of these pleas, after alleging the adoption of township organization and the election of township officers, in pursuance of the act of the 12th of February, 1849, proceeded as follows: “That on the 8th of April, 1850, the said supervisors met at Pittsfield, the county seat of said county, and organized as a board for the transaction of county business, by which the county court was entirely superseded as a board for the transaction of county business, and the business of the county devolved upon said board of supervisors; and said defendant further avers that said act provides that said treasurer should collect the delinquent and non-resident taxes, and that he should enter into bond, with two or more sureties, to be approved by the said board of supervisors, in such sum as they should direct; conditioned that he should faithfully execute the duties of his office, and pay according to...