Hall v. Jackson County

Citations

• 95 Ill. 352
• 1880 Ill. LEXIS 185

Syllabus

<p>1. Practice—admitting evidence under counts other than those under which it was offered. The declaration in a suit to recover upon certain county orders contained special counts, and also the common counts. The court upon the trial refused to allow the orders to be read under the special counts, but permitted them to be read under the common counts. It was not material to inquire whether there was error in rejecting the evidence when offered under the special counts. The evidence was before the court, so the plaintiff was not prejudiced by any ruling in that regard.</p> <p>2. Parol evidence—as to authority given by county board to issue order on county treasurer. Except in cases where payment of money out of a county treasury is specifically authorized by law to be made, no money or funds can properly be paid out unless upon an order of the county board, and in such case the order of the county board can only be shown by the record. Parol evidence is not admissible for such purpose.</p> <p>3. So, in an action against a county to recover upon an order on the county treasurer, the order bearing interest upon its face, it was held incompetent to prove by parol that the county board directed the order to be issued with the interest clause.</p> <p>4. Interest upon county orders—whether allowable. It is not within the powers of a county board to allow or pay interest on common county orders issued for current county expenses.</p> <p>6. Estoppel—as to promise by county to pay interest. Where a county order drawn upon the county treasurer contains a clause for the payment of interest, it appearing the order was issued for current expenses and for interest upon prior orders given also for current expenses, the county is not estopped to set up the plea of ultra vires in respect of the interest so provided for.</p>