People ex rel. Trustees of Schools v. Yeazel

Citations

• 84 Ill. 539

Syllabus

<p>1. Township collector—must pay school tax to township treasurer. Township collectors are required by law to pay all school taxes by them collected to their township treasurers, as the proper depositaries and custodians of the school funds; and for a failure to do so, they will be liable upon their official bonds.</p> <p>2. Same — liability on bond. Where a collector pays school moneys belonging to a certain school district to any person other than the treasurer of the proper township, he will be guilty of a breach of his bond, and liable to nominal damages, although the person receiving the money, upon discovery of the mistake, pays over the same to the proper school district officers, so that such district, in fact, loses nothing.</p> <p>3. Evidence—director, in suit by trustees. In a suit by the trustees of schools, against a collector, upon his bond, for not paying over to them the taxes belonging to one of their school districts, it is error to permit a director of such district to give his conclusions that the district has received all its share of the taxes. The directors have no interest in such a suit, and have no right to speak.</p> <p>4. Same—affidavit of collector to return. Under the act of 1872, the county treasurer had no right to administer an oath to a township collector; and when he does, the return and affidavit of the collector thereto can not be admitted in evidence to prove the facts therein stated.</p> <p>5. Costs—when error to give judgment for. In an action in the name of the people, for the use of school trustees, upon the official bond of a collector, where the plaintiffs fail, it is error to render judgment against them for costs. As against the people, no judgment for costs can be rendered, and the trustees of schools, when seeking to recover a portion of the school money, are not liable to be taxed for costs.</p>