Eaton v. Graham
Illinois Supreme Court
This was an action originally commenced before a justice of the peace, in Bureau county, to recover a penalty of the appellant, for permitting hogs to run at large. There was no indorsement of the amount claimed on the back of the summons. In the Circuit Court, the appellee recovered a judgment against the appellant for ninety dollars, who, thereupon, prayed this appeal.
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This was an action originally commenced before a justice of the peace, in Bureau county, to recover a penalty of the appellant, for permitting hogs to run at large. There was no indorsement of the amount claimed on the back of the summons. In the Circuit Court, the appellee recovered a judgment against the appellant for ninety dollars, who, thereupon, prayed this appeal. A motion was made in the Circuit Court to abate the suit, because the law authorizing the recovery of the penalty had been repealed by the law authorizing township organization. The cause was tried at April term, 1850, of the…
1Opinion of the Court
Opinion by Mr. Justice Catón :
We presume the Circuit Court decided correctly, in denying the application for a rule on the plaintiff for security for costs.There is nothing to show that that decision was wrong. The affidavit upon which the rule was asked, is not in the record, and the presumption is, that no sufficient cause for the rule was shown. For aught that appears, sufficient security may already have been given, for by his certificate the clerk does not profess to have sent up a complete copy of the record. Nor can the party take any thing by his objection1, that the plaintiff’s…
2Cited by10 opinions
- Vance v. RankinIllinois Supreme Court · 1902
- Zarresseller v. PeopleIllinois Supreme Court · 1855
- County of Menard v. KincaidIllinois Supreme Court · 1874
- Monaco v. MatarreseAppellate Court of Illinois · 1936
- Redner v. DavernAppellate Court of Illinois · 1891
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