The President v. Mappin

CourtSupreme Court of Illinois
Writing for the CourtTREAT
Citation1852 WL 4430,14 Ill. 193,4 Peck 193,56 Am.Dec. 501
Decision Date31 December 1852
PartiesTHE PRESIDENT AND TRUSTEES OF THE TOWN OF PETERSBURG, Plaintiffs in Error,v.WILLIAM MAPPIN et al., Defendants in Error.

14 Ill. 193
1852 WL 4430 (Ill.)
56 Am.Dec.
501
4 Peck (IL) 193

THE PRESIDENT AND TRUSTEES OF THE TOWN OF PETERSBURG, Plaintiffs in Error,
v.
WILLIAM MAPPIN et al., Defendants in Error.

Supreme Court of Illinois.

December Term, 1852.


THIS cause was heard at November term, 1852, of the Menard Circuit Court, by WOODSON, Judge.

W. H. HERNDON, for plaintiffs in error.

T. L. HARRIS and J. T. STUART, for defendants in error.

TREAT, C. J.

In March, 1849, Mappin and Estel obtained

[14 Ill. 194]

from the president and trustees of the town of Petersburg a license to keep a grocery; and they, with Atchinson and Lanning as sureties, executed a bond to the corporation, in the penalty of five hundred dollars, conditioned that they would keep an orderly house, and would not keep the same open on Sundays, nor permit gaming or riotous conduct therein. In April, 1850, the corporation recovered a judgment against all of the obligors, for the penalty of the bond and costs of suit. The defendants obtained leave to prosecute an appeal to the Supreme Court, on entering into the requisite bond within ninety days from the rendition of the judgment. They were about perfecting the appeal, when the trustees proposed a compromise, and suggested the propriety of circulating a petition in favor of such a course among the voters of the town. One hundred and fourteen of the one hundred and thirty voters of the town, petitioned the board of trustees to release the judgment on the payment of the costs. On the 22d of May, 1850, the board passed an order, remitting the judgment on payment of costs. The defendants paid the costs, amounting to thirty-eight dollars; and the board then made an order, directing the sheriff to return the execution satisfied in full, which was accordingly done.

In consequence of these proceedings, the defendants failed to perfect their appeal. In October, 1851, the corporation filed a bill in chancery against the defendants in the judgment, alleging that there was no valid consideration for the release and satisfaction, and praying that the same might be set aside, and that an execution might issue for the collection of the judgment. After the filing of the bill, eighty three voters of the town petitioned the board of trustees, to rescind the orders for the release and satisfaction of the judgment. The trustees originally agreed to give the attorney who brought the suit on the bond, one half of any judgment that should be recovered thereon; and he afterwards...

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33 practice notes
  • Shipp, for Use, Etc. v. Rodes
    • United States
    • United States State Supreme Court (Kentucky)
    • February 22, 1927
    ...110 Va. 70, 65 S.E. 503, 18 Ann. Cas. 1027; State v. Davis, 11 S.D. 111, 75 N.W. 897, 74 Am. St. Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am. Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; R.R. Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 p. 821,......
  • Shipp v. Rodes
    • United States
    • Court of Appeals of Kentucky
    • February 22, 1927
    ...110 Va. 70, 65 S.E. 503, 18 Ann.Cas. 1027; State v. Davis, 11 S.D. 111, 75 N.W. 897, 74 Am.St.Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am.Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; Railroad Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 P. 821,......
  • City of St. Louis v. St. Louis Gas-Light Co.
    • United States
    • Court of Appeal of Missouri (US)
    • April 16, 1878
    ...to cause the suit against the company to be dismissed.--1 Dill. on Mun. Corp. 488, note 2; Bean v. Jay, 23 Me. 121; Petersburg v. Mappin, 14 Ill. 193; The People v. Supervisors, 27 Cal. 681; Supervisors v. Bowen, 4 Lans. 33; Meech v. Buffalo, 29 N. Y. 198. The city is estopped from setting ......
  • American Const. Fire Assur. Co. v. O'Malley, No. 34629.
    • United States
    • United States State Supreme Court of Missouri
    • February 25, 1938
    ...compromise all such matters respecting which they may sue or be sued. Farnham v. Lincoln, 75 Neb. 502, 106 N.W. 666; Petersburg v. Mappin, 14 Ill. 193; New Orleans County v. Bowen, 4 Lans. 24; St. Louis, etc., Railroad Co. v. Anthony, 73 Mo. 431; Prout v. Pittsfield Fire Dist., 154 Mass. 45......
  • Request a trial to view additional results
33 cases
  • Shipp, for Use, Etc. v. Rodes
    • United States
    • United States State Supreme Court (Kentucky)
    • February 22, 1927
    ...110 Va. 70, 65 S.E. 503, 18 Ann. Cas. 1027; State v. Davis, 11 S.D. 111, 75 N.W. 897, 74 Am. St. Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am. Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; R.R. Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 p. 821,......
  • Shipp v. Rodes
    • United States
    • Court of Appeals of Kentucky
    • February 22, 1927
    ...110 Va. 70, 65 S.E. 503, 18 Ann.Cas. 1027; State v. Davis, 11 S.D. 111, 75 N.W. 897, 74 Am.St.Rep. 780; Petersburg v. Mappin, 14 Ill. 193, 56 Am.Dec. 501; Gering v. School Dist., 76 Neb. 219, 107 N.W. 250; Railroad Co. v. Anthony, 73 Mo. 431; Multnomah County v. Dekum, 51 Or. 83, 93 P. 821,......
  • City of St. Louis v. St. Louis Gas-Light Co.
    • United States
    • Court of Appeal of Missouri (US)
    • April 16, 1878
    ...to cause the suit against the company to be dismissed.--1 Dill. on Mun. Corp. 488, note 2; Bean v. Jay, 23 Me. 121; Petersburg v. Mappin, 14 Ill. 193; The People v. Supervisors, 27 Cal. 681; Supervisors v. Bowen, 4 Lans. 33; Meech v. Buffalo, 29 N. Y. 198. The city is estopped from setting ......
  • American Const. Fire Assur. Co. v. O'Malley, No. 34629.
    • United States
    • United States State Supreme Court of Missouri
    • February 25, 1938
    ...compromise all such matters respecting which they may sue or be sued. Farnham v. Lincoln, 75 Neb. 502, 106 N.W. 666; Petersburg v. Mappin, 14 Ill. 193; New Orleans County v. Bowen, 4 Lans. 24; St. Louis, etc., Railroad Co. v. Anthony, 73 Mo. 431; Prout v. Pittsfield Fire Dist., 154 Mass. 45......
  • Request a trial to view additional results

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