McHaney v. County of Marion

Citations

• 77 Ill. 488

Syllabus

<p>1. County court—power to bind county by their declarations. The members of the county court can only hind their count)'-, in matters of claims, when acting- as a court, and their records are the only admissible evidence of their judicial acts.</p> <p>31 Evidence—parol, to shoio promise of county court. Where a party made out a claim against a county, verified by his oath, charging- only ig4 per day for his services as county superintendent, which the county court allowed, and issued orders therefor, it was held, in a suit by such party against the county, to recover the other dollar per day given by law, that parol evidence was not admissible to show that the court agreed with him to par him such additional per diem if they became satisfied he was entitled thereto, and that he received the §4 per day under protest.</p> <p>8. Former recovery—whether a bar. Although an officer may be entitled to $5 per day for services, yet if he makes out a bill of the same at §4 per day, verified by his oath, which is allowed, and paid hv the county hoard, he will be precluded from afterwards insisting- upon payment of the other dollar per day.</p>