Lieb v. Henderson

Citations

• 91 Ill. 282

Syllabus

<p>1. County clerk—delivery of tax books. It is the duty of the county clerk to deliver the tax book and warrant to a town collector only when the latter has given bond and taken the oath of office. If this has not been done the book and warrant should not be given to him.</p> <p>2. Presumption—that officers will noiviolate their duty. No presumption can be indulged that a public officer will do that which the law forbids him to do.</p> <p>3. Answer—evidence to overcome. The sworn answer or disclaimer of a county clerk to a bill for an injunction, clearly showing he does not intend to. deliver the tax book of a certain town to the collector until such collector should give bond and take the oath of office, is not overcome by the testimony of four witnesses testifying to a single conversation of the clerk as to his intention in the matter.</p>