Adams v. Miller
Illinois Supreme Court
This was an action commenced before a justice of the peace of Johnson county, to recover a penalty for a failure on the part of the defendants in error to discharge their duties as public millers, under the act regulating mills and millers. A judgment was rendered by the justice for a peralty of five dollars, against the defendants below, by default. The defendants below prayed an appeal to the Circuit Court of that county.
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This was an action commenced before a justice of the peace of Johnson county, to recover a penalty for a failure on the part of the defendants in error to discharge their duties as public millers, under the act regulating mills and millers. A judgment was rendered by the justice for a peralty of five dollars, against the defendants below, by default. The defendants below prayed an appeal to the Circuit Court of that county. In the Circuit Court, the defendants below appeared, and entered a motion to dismiss the suit, because the plaintiff below had failed to give security for costs, before…
1Opinion of the Court
Treat, C. J.. Adams brought an action against Miller and others, before a justice of the peace, to recover a penalty of five dollars, for a violation of the statute respecting mills and millers. Process was served on the defendants, and failing to appear before the justice, judgment was rendered against them for the amount of the penalty claimed and costs. The defendants prosecuted an appeal to the Circuit Court, where the suit was dismissed, on their motion, because the plaintiff omitted to give security for costs. On the principle of the case of Robertson v. The County Commissioners, 5…
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