Phelps v. Funkhouser
Illinois Supreme Court
This was a writ of error sued out by William Phelps, as administrator of the estate of Edward Stapleford, deceased, against Robert M. Funkhouser, to reverse a decree rendered in the Circuit Court of Fulton county.
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This was a writ of error sued out by William Phelps, as administrator of the estate of Edward Stapleford, deceased, against Robert M. Funkhouser, to reverse a decree rendered in the Circuit Court of Fulton county. At the return term of the process from this court, the defendant-in error entered his motion for a rule upon the plaintiff in error to give security for costs in this cause, and in support of that motion the following affidavit was filed: “ S. 0. Judd, being sworn, says that he is one of the attorneys for defendant in error, and that the estate of Edward Stapleford, deceased, is…
1Per curiam
It is provided in the second section of chapter twenty-six of the Revised Statutes, entitled “ Costs,” that “ if in any case the court shall be satisfied that any plaintiff is unable to pay the costs of suit, it shall be the duty of the court, on motion of the defendant or any officer of the court, to rule the plaintff, on or before a day in such rule named, to give security for the payment of costs in such suit.” We see nothing in this case to distinguish it from one in which the plaintiff sues in his own right. The statute applies as well where the plaintiff sues in a fiduciary capacity, as…
2Cited by1 opinion
- Fischer v. SpangAppellate Court of Illinois · 1891