Leadbeater v. Roth
Illinois Supreme Court
This suit was commenced by summons, January 27,1859, in Cook County Court of Common Pleas, in assumpsit, returnable to February term, 1859. The declaration contained a single count for use and occupation.
Read the full summary
This suit was commenced by summons, January 27,1859, in Cook County Court of Common Pleas, in assumpsit, returnable to February term, 1859. The declaration contained a single count for use and occupation. On the second day of the said February term of said court, the defandant filed the following motion to dismiss the suit for want of security for costs: “ And now this day comes the said defendant, by his attorney, etc., and moves the court to dismiss this suit for want of security for costs, according to the statute in such case made and provided, plaintiff being a non-resident.” And to…
1Opinion of the CourtWalker, J.
The affidavit upon which the motion to dismiss was based, states that defendant in error was not a resident of this State at the time it was made, but that he was then a resident of Germany. It was sworn to on the 8th day of February, 1859, and the suit had been instituted on the 27th day of the previous January. This affidavit does not negative the fact that he was a resident of this State at the time the suit was brought, nor was this defect in the affidavit aided by the evidence Mueller gave at the trial of the motion, on the eleventh day of the following May. He testified that defendant…
2Cases cited1 opinion
- Halligan v. WadeIllinois Supreme Court · 1859
3Cited by10 opinions
- Agar v. WinslowCalifornia Supreme Court · 1899
- Wright v. LattinIllinois Supreme Court · 1865
- Hall v. Joseph Middleby, Jr., Inc.Massachusetts Supreme Judicial Court · 1908
- Silber v. LarkinWisconsin Supreme Court · 1896
- Lay v. BennettColorado Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.