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67 Ill. 325

Magner v. Knowles

Illinois Supreme Court

Decided January 15, 1873

Illinois Supreme Court · decided 1873-01-15

James Steele, Judge, presiding. This was an action brought by John S. Knowles, by his next friend, against Samuel H. Magner, A. Y. Trogden and G. W. Hives, before a justice of the peace, upon the bond óf the first named defendant, the others being sureties.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-15

How this case has been cited

Cited by 6 later decisions — most recently December 1919

6 state decisions

2018731880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Chief Justice Lawrence

¶1delivered the opinion of the Court:

¶2There is no error in this record. The bond was in substantial compliance with the statute, and was a good statutory bond. The receipt given by the constable, and his admissions that he had collected the money, were good evidence against both him and his sureties. It is not necessary that an action on a constable’s bond should be in the name of the people. In fact, it could not be, as the bond is not payable to the people.

¶3Interest was properly allowed on the money collected by the constable which he refused to pay over.

¶4Judgment affirmed.

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