Johnson v. Huber
Appellate Court of Illinois
Appeal from the Circuit Court of Madison County; the Hon. B. R. Burroughs, Judge, presiding. On September 14, 1887, appellee filed her hill in this cause against John T. Johnson and Fredericlca Rolan.
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Appeal from the Circuit Court of Madison County; the Hon. B. R. Burroughs, Judge, presiding. On September 14, 1887, appellee filed her hill in this cause against John T. Johnson and Fredericlca Rolan. On the 18tli day of Rovember, 1887, Thomas Rolan, husband of Fredericka, was made a defendant and was served with process December 19, 1887. The purpose of the bill as amended was to set aside a deed made August 16, 1886, by Gesche W. Elsen, John T. Johnson and Fredericka Rolan, conveying certain lots in the city of Alton to said Thomas Rolan, and also to set aside a.mortgage of same date given…
1Opinion of the CourtGreen, J.
The first objection made by appellant is, that the court erred in overruling motion to dismiss the suit for want of bond for costs, because Mary Huber was a resident of Missouri. This motion was made at the March term, 1889, after rendition of decree.
It does not appear by affidavit or otherwise that at the time suit was commenced complainant was a non-resident. This fact must be shown before a motion to dismiss could be entertained. Leadbeater v. Both, 25 Ill. 587. Besides this Sec. 3, Chap. 33, does not provide for the unconditional dismissal of the suit for this cause, upon motion, but…
2Cases cited13 opinions
- Phelps v. CurtsIllinois Supreme Court · 1875
- Deere v. ChapmanIllinois Supreme Court · 1861
- Emerson v. BemisIllinois Supreme Court · 1873
- Bergan v. CahillIllinois Supreme Court · 1870
- Bell v. DevoreIllinois Supreme Court · 1880
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3Cited by1 opinion
- McCune v. Hartman Steel Co.Appellate Court of Illinois · 1900