People v. Summers

• Decision Date: 31 December 1854
• Citation: 16 Ill. 173,1854 WL 4814,6 Peck 173
• Parties: THE PEOPLE, to the use of William Smith et al.,v.JOHN D. SUMMERS et al.
• Court: Illinois Supreme Court

16 Ill. 173
1854 WL 4814 (Ill.)
6 Peck (IL) 173

THE PEOPLE, to the use of William Smith et al.,
v.
JOHN D. SUMMERS et al.

Supreme Court of Illinois.

December Term, 1854.

THIS cause was heard before WOODSON, Judge, at October term, 1851, of the Hancock Circuit Court.

BROWNING and BUSHNELL, for Plaintiffs in Error.WHEAT and GROVER, for Defendants in Error.

TREAT, C. J.

It appears from the record in this case, that an action of debt was commenced in the Hancock county court, in the name of the People of the State of Illinois, to the use of William Smith and Jeremiah Smith, against Thomas Summers, Robert B. Gilmore and John D. Summers, upon an administrator's bond, executed by Thomas Summers as principal, and the other defendants as sureties. The debt demanded in the process was $1000, and the damages, $250. Gilmore and John D. Summers only were served with process. They

[16 Ill. 174]

appeared and moved to dismiss the suit, because the county court was without jurisdiction. The court overruled the motion, and entered judgment against them for $153.98, damages. They presented an appeal to the circuit court, and that court dismissed the suit on the ground that the county court had no jurisdiction. It does not appear what was the penalty of the administrator's bond.

Sec. 5, Chap. 85, Revised Statutes, provides that “probate justices shall have jurisdiction of all cases of debt and assumpsit, express or implied, where executors or administrators shall be parties, plaintiff or defendant, and where the amount on either side, claimed to be due, shall not exceed two thousand dollars.” Sec. 12 provides, “that administrators, executors and their sureties, may be sued on their bonds, in the probate court, subject to the limitation contained in section five of this chapter, and the proof and proceedings shall be as in ordinary cases.” The act of the 12th February, 1849, transfers this power and jurisdiction to the county court. Sec. 69, Chap. 109, Rev. Stat. provides, that the bonds of executors and administrators, “may be put in suit and prosecuted against all or any one of the obligors named therein, in the name of the people of the State of Illinois, for the use of any person or persons who may have been injured by reason of the neglect or improper conduct of any such executor or administrator as...