Custer v. Agnew

Citations

• 83 Ill. 194

Syllabus

<p>1. Attorney at law—right to pay money to him. The attorney of record of a party in whose favor a judgment is rendered, has full authority to collect the money and give acquittance therefor, either to the judgment debtor or the sheriff. But if the attorney’s authority is revoked, and the sheriff, after notice of that fact, pays the money to him, the plaintiff may recover the same of the sheriff.</p> <p>2. Sheriff—proceeding against ly motion. Section 23, of chapter 125, of B. S. of 1874, which provides for proceeding against a sheriff for a contempt, being summary and penal, was not designed to apply to a case where the fact of the officer’s liability is open to dispute. It applies only when it is the sheriff’s plain and undisputed duty to pay, and his neglect is wilful.</p>