Governor of Illinois v. Dodd

Citations

• 81 Ill. 162

Syllabus

<p>1. Clerk’s bond—liability for neglect to perform duty. The clerk of the circuit court, and his sureties on his official bond, are liable for any failure on his part to perform an official duty, to any party suffering injury thereby.</p> <p>2. Where a party recovered judgment, but the clerk, in entering it up, omitted to name any sum for which the recovery was had, so that a levy of an execution on sufficient personal property was defeated, and the plaintiff thereby was prevented from collecting the debt: Held, that the clerk and his sureties were liable to the party injured in an action upon his official bond, for his neglect to make a proper entry of the judgment.</p> <p>3. Clerk—duty to enter up judgment. The act of 1859, declaring it to be the duty of clerks of courts of record to enter of record all orders, judgments and decrees of their courts before their final adjournment, or as soon thereafter as practicable, imposes no new duty, but only enlarges the time within which it shall be performed.</p>