Hughes v. the People
| Decision Date | 30 June 1876 |
| Citation | 82 Ill. 78,1876 WL 10133 |
| Parties | JAMES W. HUGHES et al.v.THE PEOPLE, for use, etc. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of St. Clair county; the Hon. WILLIAM H. SNYDER, Judge, presiding.
Messrs. WILDERMAN & HAMILL, for the plaintiffs in error.
Messrs. C. W. & E. L. THOMAS, for the defendants in error.
This was debt, in the St. Clair circuit court, on a sheriff's bond, against the principal and his sureties.
The penalty of the bond was ten thousand dollars, and various breaches of the condition thereof assigned in the declaration, to which, and to each of them, there was a demurrer.
On overruling the demurrer, the court rendered judgment for the penalty, and awarded a writ of inquiry to assess the damages in vacation.
After notice to defendants, the judge, in vacation, a jury being waived, assessed the damages at ten thousand dollars, and rendered judgment for ten thousand dollars, the debt in the declaration mentioned, to be discharged on the payment of ten thousand dollars, the damages assessed, and costs of suit.
The most important questions raised by the demurrer have been settled by this court, in Broadwell et al. v. The County of Morgan, 76 Ill. 554, and in Kilgore v. The People, ib. 548.
In the first cited case, it was held, in construing the term “county board,” as used in section 10 of article 10 of the constitution of 1870, that it was not to be confined to any one particular body of persons. The power given to the county board to fix the compensation of county officers, belongs to the body to which is entrusted the transaction of the county business, and embraces as well county courts as boards of supervisors and courts of county commissioners.
In the other case, Kilgore v. The People, the point was settled that in counties under township organization, the offices of treasurer and collector are not distinct and separate offices, by analogy to the case of Wood et al. v. Cook, 31 Ill. 271, which holds that the office of sheriff and collector, in counties not under township organization, are not separate and distinct offices.
It follows, therefore, when the county court of St. Clair county fixed the compensation of appellant at three thousand dollars per annum, and two thousand five hundred dollars additional for clerk hire, to the total of these amounts was appellant entitled. He could claim nothing beyond them, and all sums...
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...public treasury as soon as it is received by him. County of Lake v. Westerfield, 273 Ill. 124, 112 N. E. 308, Ann. Cas. 1918E, 102;Hughes v. People, 82 Ill. 78. This is now, and has always been, the law in this state without regard to a statute on the subject. This liability to account for ......
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