Yocum v. Town of Waynesville

Citations

• 39 Ill. 220

Syllabus

<p>1. Bond fob costs—motion to dismiss for want of. Motion to dismiss a prosecution under a penal statute for want of a bond for costs, being of a dilatory character, should be made at the earliest moment before the justice; it is too late to make the motion in Circuit Court for the first time.</p> <p>2. Amendment—surplusage rejected. Where an action under a penal statute was commenced in the name of “A. L.” and others, “ commissioners of highways of the town of Waynesville,” and should have been in the name ot “ The town of Waynesville,” and the Circuit Court, on motion, allowed the plaintiff to amend by striking out all the superfluous words; held, not to be error.</p> <p>3. Notice of election—township officers. Where the name of E. Y. appears on the poll-list of persons voting at a township election, and the minutes of the meeting were publicly read to the meeting, and the name of E. Y. was read out to the meeting as having been elected overseer of highways: held, that E. Y. had .all the notice of his election to which the law entitled him.</p>