Cooper v. the People
Court | Supreme Court of Illinois |
Citation | 1877 WL 9575,85 Ill. 417 |
Parties | JAMES T. COOPER et al.v.THE PEOPLE, for the use of Madison County. |
Decision Date | 30 June 1877 |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Macoupin county; the Hon. CHARLES S. ZANE, Judge, presiding.
Messrs. BAKER, WISE, GILLESPIE & HAPPY, for the appellants.
Mr. E. BREESE GLASS, and Messrs. KROME & HADLEY, for the appellee.
It will be necessary to notice but a single question arising on this record. The suit is upon the bond given by the sheriff to secure the performance of his duties, generally, as sheriff. The ground upon which a recovery is claimed, is, the failure of the sheriff to pay into the county treasury the commissions retained by him out of the revenue for collecting it, in excess of the amount to which he is entitled as compensation under the allowance of the county board. The rule is of familiar recognition in this court, that the undertaking of a surety is to be construed strictly, and that he is bound to the extent, and in the manner, and under the circumstances pointed out in his obligation, and no farther. The provisions of the statute under which the bond in suit was executed relate entirely to the duties usually pertaining to the office of sheriff, and have not the slightest reference to the ex officio duties of collecting and paying over revenue. Those duties were imposed by different sections of the statute, and an additional and totally distinct bond was required for their faithful performance.
There can be no question but that each bond relates to distinct and independent duties from the other, and, consequently, that the sureties upon the one could not have contemplated they were incurring the same liabilities as the sureties upon the other. This was expressly recognized to be the law in Wood et al. v. Cook, 31 Ill. 279. There, referring to The People v. Edwards, 9 California, 291, it was said: ...
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