Prickett v. People of State

• Decision Date: 31 January 1878
• Citation: Prickett v. People of State , 88 Ill. 115, 1878 WL 9819 (Ill. 1878)
• Parties: JOHN A. PRICKETT et al.v.THE PEOPLE OF THE STATE OF ILLINOIS.
• Court: Illinois Supreme Court

88 Ill. 115

1878 WL 9819 (Ill.)

JOHN A. PRICKETT et al.

v.THE PEOPLE OF THE STATE OF ILLINOIS.

Supreme Court of Illinois.

January Term, 1878.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Madison county; the Hon. WILLIAM H. SNYDER, Judge, presiding.

Mr. CHARLES P. WISE, and Mr. JOHN G. IRWIN, for the appellants.

Messrs. KROME & HADLEY, for the appellee.

Mr. JUSTICE DICKEYdelivered the opinion of the Court:

This is an action of debt, on the official bond of Thomas H. Kennedy, as treasurer of Madison county, against him and his sureties.There are three breaches assigned in the declaration, the facts in respect to which are established by the stipulation and agreement of the parties.From the record it appears that said Kennedy was legally elected treasurer of Madison county at the November election, 1873; that he gave bond as required by law, and entered upon the discharge of his duties as such treasurer on the 1st day of December, 1873, and continued to be treasurer of said county until the 1st day of December, 1875.Failing to account for and turn over the money to which the county was entitled, this suit was instituted, which resulted in a judgment in the court below for the plaintiff, for the sum of $9944.16, to reverse which this appeal is prosecuted.

It appears that the county was the owner of a special fund of money, derived from a source other than taxation, and which had been, by the order of the county board, placed in the county treasury, for the purpose of being used by the county to discharge its legal obligations, and that at the close of his term of office he held, of said fund, the sum of $4729.97, which he has neglected and failed to account for and pay over to his successor in office.It appears that on the 6th day of May, 1875, said defendant Kennedy, under and by virtue of an act of the General Assembly of the State of Illinois, approved and in force March 26, 1875, entitled “An act to declare and constitute the State of Illinois sole trustee of that portion of the State tax levied, assessed and collected for the year 1873, in excess of 29/36 thereof, and to provide exclusive remedies for the complete refunding of the same to the tax-payers of the State who have paid such excess, and for the protection of taxpayers entitled thereto, and of counties and all officers or persons connected with the collection, custody or payment thereof,” received from James T. Cooper, collector of said county, $7000, and that at the close of his official term he held, and now holds unaccounted for, and turned over to his successor in office, the sum of $506.49, part of said $7000.It also appears, that at the request of the defendant Kennedy, James T. Cooper, collector of said county, paid out of the revenue for 1874, to the persons entitled to the benefits of such refunding fund last above mentioned, $4707.70, it being claimed by said collector that said last named sum was paid out by him on the faith of an understanding and agreement between the collector and treasurer, that upon production and delivery by such collector to the treasurer, of receipts taken from the tax-payers entitled to the benefit of the refunding fund, the treasurer would give the collector a receipt on account of moneys derived from the county revenue of the year 1874, for an amount equivalent...