Smith v. Chicago & North-Western Railway Co.

By the Court,

Downer, J.

A motion is made to dismiss the appeal in this action because the sureties in the undertaking on appeal are not residents of this state: and it is admitted and proved by the record that they reside in the state of Illinois.

It is argued that there is no statute requiring the sureties to reside in this state. Section 30, ch. 264, Laws of 1860, provides that sureties on appeal, when their sufficiency is excepted to, shall justify before a judge of the court below or county judge as prescribed in sections 19 and 20, ch. 127, R. S. These sections relate to the justification…