Gradle v. Hoffman

Citations

• 105 Ill. 147
• 1882 Ill. LEXIS 247

Syllabus

<p>1. Juror—competency. A person proposed as a juror stated, on his voir dire, he had read an account of the case in the newspapers, but remembered no part of what he read,—-that the account made no impression on his mind, and that he, at the time he was examined, had no impression, and it would not require evidence to remove any impression, but said if the evidence was evenly balanced it might be difficult to decide: Held, that he was impartial, and qualified.</p> <p>2. Official bonds—bond of deputy sheriff—of its form and validity. The statute authorizes a sheriff to take a bond from his deputy, but prescribes no form for the condition. That being so, mere technicalities should not render such bond void. Unless the condition is contrary to public policy or in contravention to the law, such a bond should be upheld and enforced.</p> <p>3. In this case the bond of a deputy sheriff given to his principal, after reciting: “Whereas, the above bounden (deputy) has, by the said (principal), sheriff, been duly appointed deputy sheriff, ” contained this condition: “Now, if the said (deputy) shall well and faithfully perform all the duties of the said office as deputy sheriff that are or may be required of him by law, then, ” etc.: Held, the condition was sufficiently explicit, and the bond was a valid one.</p> <p>4. On the objection that there was no such office as deputy sheriff, as described in the condition of the bond, it was held this did not matter, as the obligors undertook that the deputy should perform all the duties the law imposed upon him, whether the deputyship was an office or a mere place. Moreover, it was considered the word “office,” used in the condition, might as well be referred to the office of sheriff as to that of deputy. The bond was valid and binding, either as a statutory bond or as a common law obligation.</p> <p>5. Same—duty of the obligee towards the sureties—and as to representations by him to them. The mere fact that a sheriff or his principal