Kagay v. Trustees of Schools

Citations

• 68 Ill. 75

Syllabus

<p>1. Amendment—summons—discretionary. In an action of debt upon an official bond the court below allowed a cross motion to amend the summons by inserting therein the debt claimed, and thereupon overruled a motion to quash the writ, which was assigned as error: Held, that the allowance of the amendment was a matter of discretion and was not improperly exercised.</p> <p>3. Same—continuance. Where the court allowed the summons in debt upon an official bond to be amended by inserting the debt claimed, it was held, that the amendment was not of such a character as to surprise the defendants, and, therefore, no cause for a continuance.</p> <p>3. Pleading and evidence—variance. In a suit upon the official bond of the school treasurer of a township by the “ trustees of schools,” etc., the declaration alleged that the bond was made to the plaintiffs by the name of the “ board of trustees of township,” etc., and the bond offered in evidence was payable to the “board of trustees of,” etc.: H'eld, that there was no variance, as the trustees of schools and the board of trustees were the same officers.</p> <p>4. Surety—liability for money coming to principal’s hands during formar term of office. Where it appeared that moneys came to the hands of a school township treasurer, during a prior term and before the execution of the bond sued on, and it did not appear that he appropriated it to his own use, or that he did not have it in his hands at the time the bond was entered into: Held, that his sureties on the last bond were liable for his refusal to pay over the sum to his successor.</p>