Adams v. Miller

Decided November 15, 1852

Illinois Supreme Court · decided 1852-11-15

This was an action commenced before a justice of the peace, for the recovery of a penalty; the justice rendered a judgment for the plaintiff; the defendant then took the case to the circuit court by appeal. At the May term, 1849, of the Johnson Circuit Court, Denning, Judge, presiding, the suit was dismissed on the application of the defendant, because the plaintiff had omitted to give security for costs before commencing the action.

Cited by 1 later decisions — most recently September 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-11-15

View the full empirical analysis of this case →

Treat, C. J.

¶1This was a penal action commenced before a justice of the peace, and removed by appeal into the circuit court. It was dismissed by the latter court, because security for costs had not been given. The decision was clearly erroneous. The objection carne too late. It was of a dilatory character, and should have been interposed before the justice. If a party brings a penal action without filing a bond for costs, it maybe dismissed at the instance of the defendant; but he must raise the objection at the earliest opportunity, or he waives his right to insist upon it. The case of Adams v. Miller, 12 Illinois, 27, is directly in point.

¶2The judgment is reversed, and the cause remanded.

¶3Judgment reversed.