McHaney v. Trustees of Schools

Citations

• 68 Ill. 140

Syllabus

<p>1. School tbeasuber—duty to present note against estate. Where the principal debtor to the school fund of a township dies, it is the duty of the township treasurer to present the claim against his estate for allowance, if due, without an order from the trustees of schools, and for a neglect to discharge such duty he is liable to the trustees on his official bond.</p> <p>3. Same—measure of recovery for failure to Time claim allowed against estate. Where the principal in a note to the trustees of schools dies, and the treasurer neglects to present the same for allowance against his estate, in an action on the treasurer’s bond, where it does not appear but that the sureties are solvent, or that the debt is lost, no more than nominal damages can he recovered.</p> <p>3. Statute—rule as to, whether retrospective. The general rule is, that a statute operates in futuro only, and that it will not he construed to affect past transactions. A retrospective effect will not he given to it unless it clearly appears that such was the intention of the legislature.</p>