Public-domain · open source
OpenJurist

21 Ill. 509

Himes v. Blakesley

Illinois Supreme Court

Decided April 15, 1859

Illinois Supreme Court · decided 1859-04-15

February 12th, A. D. 1858, Henry Blakesley sued Thomas J. Himes and Charles T. Clippinger, as partners, in assumpsit, returnable to the March term, A. D. 1858. February 12th, 1858, plaintiff, by his attorneys, filed an instrument purporting to be a bond for costs in the above cause, in the usual form, but entitled to the November term of the court, A. D. 1858.

Cited by 4 later decisions — most recently January 1919

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-04-15

View the full empirical analysis of this case →

Caton, C. J.

¶1The form given in the statute for bonds for costs does not require the term to be stated to which the action was brought, nor is there any necessity for it so long as there can be no difficulty in identifying the cause in which it is filed. In this case a term was stated, but a wrong term, and the court allowed November to be stricken out and March inserted. As the statement of the term was unnecessary and really surplus-age the court might have ordered it stricken out altogether, or treated it as a good bond in the case, without any such change, so long as there could be no difficulty in identifying it with the case pending. The filing upon the bond was sufficient to show that the statement of the term was a mistake, and to identify the bond with the proper case. It was the duty of the court to overrule the motion to dismiss, either with or without the change which was made in the statement of the term.

¶2The judgment must be affirmed.

¶3Judgment affirmed.

/21/ill/509 · .json · Public domain