Baker v. Palmer
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of debt, by Palmer against Baker, upon a judgment rendered by the county court of Hastings county, in the Dominion of Canada.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of debt, by Palmer against Baker, upon a judgment rendered by the county court of Hastings county, in the Dominion of Canada. The following is a copy of the third plea, referred to in the opinion: “ And for further plea in this behalf, the defendant says, actio non, because he says that before the date of the supposed judgment in the said declaration mentioned, and before the commencement of the suit in the said declaration mentioned, and before the commencement of this suit, to-wit,…
1Opinion of the CourtJustice Walker
It is first urged, that the court below erred in refusing to dismiss this suit because a bond for costs was not filed at the .time the suit was brought. A bond was subsequently filed, regular in form and otherwise unobjectionable, but leave of court for the purpose was not obtained. The statute authorizes a bond to be filed within such time as shall be fixed by the court, and the only objection is, that leave of court was not obtained before the bond was filed.
The object of the -law has, in this case, been fully attained. Appellee being a non-resident, the law requires that he should secure…
2Cases cited1 opinion
- Lazier v. . WestcottNew York Court of Appeals · 1862
3Cited by14 opinions
- Illinois Central Railroad v. LatimerIllinois Supreme Court · 1889
- American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
- Roth v. RothIllinois Supreme Court · 1882
- Plaff v. Pacific Express Co.Illinois Supreme Court · 1911
- MacDonald v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1902
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