Maguire v. Town of Xenia

Citations

• 54 Ill. 299

Syllabus

<p>1. Judgment in debt—its requisites. It is error to render a judgment for damages only, in an action of debt. In that action the judgment must be for the debt, and if damages are awarded for the detention of the debt, it should be so expressed in the judgment.</p> <p>2. Giving bond on continuance—power of a police magistrate. Where a party is arrested for an alleged violation of a town ordinance, the police magistrate before whom the proceeding is pending has no power to exact a bond from the defendant for his appearance, on granting him a continuance, and the court were inclined to hold a bond given in such case void.</p> <p>3. Surety—surrender of the principal. But conceding such a bond to be operative, the sureties thereon could discharge themselves by surrendering the principal according to the exigencies of their undertaking. And when the principal is thus surrendered, and the attention of the magistrate called thereto, it is immaterial whether the magistrate accept the surrender or not.</p> <p>4. Action op debt for a penalty—presence of defendant not essential. Where a party was arrested in an action of debt for a penalty for an alleged violation of a town ordinance, and gave a bond for his appearance on being allowed a continuance, it was held to be error to dismiss the suit because he did not appear, inasmuch as the court could have proceeded to final judgment as well in the absence of the defendant as when he was present.</p>