{ "id": 820144, "name": "The County Court of Pope County for use of Jeremiah S. Deen v. John B. Shepard et al.", "name_abbreviation": "County Court of Pope County ex rel. Deen v. Shepard", "decision_date": "1873-06", "docket_number": "", "first_page": "585", "last_page": "587", "citations": [ { "type": "official", "cite": "67 Ill. 585" } ], "court": { "name_abbreviation": "Ill.", "id": 8772, "name": "Illinois Supreme Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "29 Ill. 527", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2452783 ], "opinion_index": 0, "case_paths": [ "/ill/29/0527-01" ] }, { "cite": "27 Ill. 384", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5248868 ], "opinion_index": 0, "case_paths": [ "/ill/27/0384-01" ] } ], "analysis": { "cardinality": 229, "char_count": 4068, "ocr_confidence": 0.588, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.029303638938023027 }, "sha256": "4b91f063ff400e5a7d71f5955b39bf2a1f56a18e1e3b1956023ae04f6be8c3c2", "simhash": "1:5607a680aa0edff6", "word_count": 708 }, "last_updated": "2023-07-14T20:18:48.240811+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "The County Court of Pope County for use of Jeremiah S. Deen v. John B. Shepard et al." ], "opinions": [ { "text": "Mr. Justice McAllister\ndelivered the opinion of the Court:\nWe are unable to perceive any substantial difference between the way the obligee is described in the official bond sued on in this case, and that in Long v. County Court of Scott County, 27 Ill. 384. Here, the bond is payable to \u201cJohn M. Boiconrt, county judge of Pope county, State of Illinois, and to Andrew Lisk and B. W. Holloway, associate justices of said court, and to their successors in office, for the use of,\u201d etc. In the case referred to, the bond was payable to \u201cWilliam Leighton, Robert Husband and Jesse Husted, county justices, together constituting the county court of the county of Scott and State of Illinois, and their successors in office, for the use of,\u201d etc. The decision was placed upon the ground, that, by its terms, the bond was payable to the persons named who constituted the court; that the names of the individuals composing the court might be rejected as surplusage, and the bond regarded as payable to the county court.\nIn Boice et al. v. Gilbert et al. 29 Ill. 527, the obligees were described as \u201c Samuel S. Gilbert, county judge, George A. W. Cloud and George Judd, justices of the county of Macoupin, and unto their successors in office, for the use of,\u201d etc., and it was held, the county court could not be regarded as the actual obligee of the bond, because it could not be ascertained, from the description, that the officers named constituted the county court. \u201cWe know,\u201d said the court, \u201cthat the county court is composed of the county judge, and two justices of the county, designated in a particular mode for that purpose; but there is nothing to show that these two justices were designated for that purpose. Por aught that appears these justices may have been just common ordinary justices of the peace.\u201d These were the reasons assigned for holding that the bond, in that case, could not be regarded as, in legal effect, payable to the county court. It seems to us, the bond in question contains words, in the designation of the obligee, which supply precisely what was lacking in that which was the basis of the action in the case just referred to. Those words are: \u201cAssociate justices of said court.\u201d Boicourt is named as county judge of Pope county. The court of which he was member was the county court. Then follows the names of Lisk and Holloway, \u201cassociate justices of said court,\u201d meaning, of course, associate justices of the county court. By rejecting the names of the individuals as surplusage, the bond may be regarded as payable to the county court of Pope county, and the action was properly brought in that name. The bond is set out in hose verba in the declaration, which contains the averment that the individuals named composed the county court of Pope county.\nThe demurrer was improperly sustained to the declaration, for which the judgment will be reversed, and the cause remanded, with directions to overrule the' demurrer and permit defendants to plead over.\nJudgment reversed.", "type": "majority", "author": "Mr. Justice McAllister" } ], "attorneys": [ "Messrs. Green & Gilbert, for the plaintiffs in error.", "Mr. James M. Warren, for the defendants in error." ], "corrections": "", "head_matter": "The County Court of Pope County for use of Jeremiah S. Deen v. John B. Shepard et al.\nOfficial bond\u2014whether to county court\u2014names rejected as surplusage. Where a constable\u2019s bond was made payable to \u201cJohn M. Boicourt, county judge of Pope county, and to Andrew J. Disk and B. W. Holloway, associate justices of said court, and to their successors in office, for the use of,\u201d etc., it was held, that the same was payable to the \u201ccounty court\u201d of the county, the names being regarded as surplusage, and therefore, that an action thereon was properly brought in the name of \u201cthe county court of Pope county.\u201d\nWrit op Error to the Circuit Court of Pope county; the Hon. David J. Baker, Judge, presiding.\nThis was an action of debt against a constable and his sureties upon his official bond. The court below sustained a demurrer to the declaration and rendered judgment against Deen for costs. To reverse this judgment the plaintiff sued out this writ of error.\nMessrs. Green & Gilbert, for the plaintiffs in error.\nMr. James M. Warren, for the defendants in error." }, "file_name": "0585-01", "first_page_order": 587, "last_page_order": 589 }