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· 1/15/1871

President of Odell v. Schroeder

Citations

  • 58 Ill. 353

Syllabus

<p>1. False imprisonment. A town officer who holds in custody a person committed by a verbal order of a police magistrate for non-payment of a fine imposed for the breach of a town ordinance, acts not only without authority, but in violation of law.</p> <p>3. Municipal corporations—whether liable for unauthorized acts of officers. A municipal corporation is not liable for the illegal and unauthorized acts of its officers, in administering an ordinance. Nor is it made liable by the fact that its board of trustees are cognizant of the tortious act, or even participate therein.</p> <p>3. Same—execution against. It is erroneous to issue execution on a judgment against a municipal corporation.</p>

Judges: Walker

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