Smith ex rel. Warburton & Rosseter v. Robinson
Illinois Supreme Court
This was a suit originally commenced by the plaintiffs in error against the defendant in error, before a justice of the peace, in Hancock county. The plaintiffs recovered a judgment, and the defendant took an. appeal to the Circuit Court.
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This was a suit originally commenced by the plaintiffs in error against the defendant in error, before a justice of the peace, in Hancock county. The plaintiffs recovered a judgment, and the defendant took an. appeal to the Circuit Court. At the September term, 1849, of the Hancock Circuit Court,, the defendant, upon affidavit filed, moved to dismiss the appeal, on the ground that the plaintiffs for whose use the suit is brought, are non-residents of the state, and that they had not filed a bond for costs. Minshall, Judge, sustained the motion to dismiss, and the plaintiffs brought the case…
1Opinion of the Court
Opinion by Mr. Justice Trumbull:
The defendant moves to dismiss this writ of error, for the reason as shown by affidavit, that Warburton & Rosseter, for whose use it is prosecuted, are not residents of the state, and because no security for costs has been filed.
Section 1, ch. 26, R. S., declares, that “in all cases in law or equity, where the plaintiff, or person for whose use the action is to he commenced, shall not he a resident of this state, the plaintiff, or person for whose use the action is to be commenced, shall, before he institutes such suit, file, or cause to he filed, with the…
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