Chase v. De Wolf

Citations

• 69 Ill. 47

Syllabus

<p>1. Bill of exceptions—when necessary. The office of a bill of exceptions is to bring into and make something a part of the record which would otherwise be no part of the same. Where a case is decided on demurrer, there being no motion made or evidence heard, a bill of exceptions is wholly unnecessary.</p> <p>3. Ili/egad fees—-justice of the peace will not he compelled to issue execution for. Where a constable charges illegal and unreasonable fees for executing a writ of replevin issued by a justice of the peace, the latter named officer will not be compelled by mandamus to issue an execution for their collection.</p> <p>3. Judgment for costs— embraces only legal costs. Where a plaintiff in replevin before a justice of the peace recovers judgment for costs, it does not embrace all the costs and charges claimed, but only all the plaintiff’s legal costs to be taxed, and any charge for services not enumerated in the statute is not embraced in such judgment.</p> <p>4. Fees —for executing writ of replevin. The statute allowing reasonable charges to constables, to be allowed by the justice of the peace, for removing and taking care of property levied on, can not be construed to embrace a charge for taking and delivering property under a writ of replevin; and a charge of §85 for replevying one or two express wagon loads of goods, amounting to almost half the value of the goods, was held to be illegal, unjust and oppressive.</p> <p>5. Execution—-for collection of illegal costs claimed, properly recalled,. Where a justice of the peace renders a judgment for costs generally, and afterwards taxes illegal and oppressive fees charged as costs in the case, and issues an execution for their collection, he has the right, and it is his dut}', to recall the execution, as, if a levy and sale were made under it, he would be liable to an action of trespass.</p>