Magner v. Knowles

Citations

• 67 Ill. 325

Syllabus

<p>1. Constable’s bond—form of The following bond of a constable was held to be in substantial compliance with the statute, and a valid statutory bond: “A B, chosen constable of the town of, etc., and C D and E P, sureties, do hereby, jointly and severally, agree to pay each and every person who may be entitled thereto, all such sums of money as said constable may become liable to pay on account of any execution which shall be delivered to him for collection by virtue of said office. Dated this 8th day of April, 1869.”</p> <p>2. Same—constable’s receipt and admissions—evidence against Mm and Ms sureties. In an action on a constable’s bond for a failure to pay over money collected by him on execution, the receipt given by him, and his admissions that he had collected the money, are good evidence against him and his sureties.</p> <p>3. Same—party plaintiff to suit on. A suit upon a constable’s bond, given under the township organization law, not payable to the people, or any one by name, is properly brought in the name of the party injured. It can not be maintained in the name of the people in such a case.</p> <p>4. Interest. In a suit on a constable’s bond to recover moneys collected by him on execution, which he refused to pay over, it is proper to allow interest on the money so collected.</p>