Stern v. People

Citations

• 96 Ill. 475
• 1880 Ill. LEXIS 62

Syllabus

<p>1. New trial—no exception taken to ruling. Where the bill of exceptions fails to show an exception taken to the decision of the court overruling a motion for a new trial, it will be understood that the party acquiesced in the decision, and it can not be assigned for error.</p> <p>2. Official bond—misappropriation of funds in former term—liability of sureties. In an action upon a county treasurer’s bond, given for his term of office commencing December, 1877, to recover for moneys misappropriated and not paid to his successor after his removal from office, the sureties pleaded that the principal was treasurer of the county for a term of two years from December 1, 1875, to December 1, 1877; that he defaulted during that term, and that the sum of money alleged to have been in his hands on the day mentioned in the declaration had been misappropriated during that term;—to which plea the court sustained a demurrer: Meld, that the court erred in sustaining the demurrer. If the defaulting officer misappropriated funds thst came to him in his official capacity, during a term of office when defendants were not his sureties, they were under no legal obligation to make good such defalcation.</p>