Roberts v. Fahs
Illinois Supreme Court
Writ of Error to the Circuit Court of Wabash County. After a rule to join in error had expired, but before a default was asked for non-joinder, the defendant in error filed an affidavit that the plaintiff in error was a non-resident of this state at the time this writ of error was sued out, and that no bond for costs has been filed, and thereupon moved for a rule upon the plaintiff to show cause why the writ should not he dismissed.
1Opinion of the Court
Per Curiam :
The statute is imperative, that if a non-resident plaintiff shall institute his suit without first having given a bond for costs, “ the court, on motion, shall dismiss the same.” Scates’ Comp. 244. A writ of error is considered as a new action, and the statute applies to all suits instituted in the Circuit or Supreme Court by non-resident plaintiffs. Ripley v. Morris, 2 Gilm. 382; Hickman, v. Haines, 5 id. 20.
The motion is in apt time. It is made before the time has passed for pleading in abatement, which is sufficient. Trustees v. Walters, 12 Ill. 154; Randolph v Emerick, 13 Ill.…
2Cases cited1 opinion
- Trustees of Schools v. WaltersIllinois Supreme Court · 1850
3Cited by8 opinions
- International Bank v. JenkinsIllinois Supreme Court · 1882
- George v. GeorgeIllinois Supreme Court · 1911
- Clowry v. HolmesIllinois Supreme Court · 1909
- Bealmear v. BeesonMissouri Court of Appeals · 1953
- Edgar Gold & Silver Mining Co. v. TaylorSupreme Court of Colorado · 1887
3 more not listed; retrieve them via the Exa API.