Eads v. Couse

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

Charles B. Lawrence, Judge, presiding. In a suit brought by appeal into the Circuit Court, wherein Alfred Couse was plaintiff, and John Eads and another were defendants, the latter obtained a judgment against Couse for costs. Thereupon the clerk issued a fee-bill against Couse for the costs of both parties, which came to the hands of the sheriff, and was by him levied upon a lot of corn belonging to Couse.

Cited by 2 later decisions — most recently January 1977

2 state decisions

Relies on Neal v. Blanchard

Good law ✅— No negative treatment on recordhow we know

Decided 1864-04-15

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Mr. Justice Beckwith

¶1delivered the opinion of the Court:

¶2The clerk of the Circuit Court had no authority to issue a fee-bill against Couse for the collection of Eads’ costs. Eads had recovered a final judgment, and the only mode of collecting his costs of Couse was by an execution. Purp. Stat. 826.

¶3A fee-bill may be issued against a party to collect the costs due from him to the officers of court, &c., without regard to the results of the suit (Purp. Stat. 562), but the clerk has no authority to issue that kind of process to enforce a final judgment. Neal v. Blanchard, 32 Ill. 503.

¶4The fee-bill under which the appellant justifies the conversion of the property in controversy, is void upon its face. All proceedings under it were without authority.

¶5The judgment of the court must,'therefore, be affirmed.

¶6Judgment affirmed.