28 Ill. 112
Decided April 15, 1862
Illinois Supreme Court · decided 1862-04-15
This was an application by the appellant for a rule upon the clerk of the Second Grand Division to show cause why he should not issue his fee-bill for the costs of this court, against David A. Smith, who had become “ security for costs ” in the Circuit Court, under the statute. The appellees, who were complainants in the court below, were non-residents at the time of the commencement of the suit in that court.
Decided 1862-04-15
¶1This rule must be denied. The security for costs, given in the Circuit Court, was limited to the costs of that court; there the appellees were successful, and they have been brought to this court against their will. We see no objection to proceedings by fee-bill on the part of the circuit clerk to collect his costs from the security; notwithstanding the judgment rendered in that court has been reversed.
¶2Motion denied.