Roberts v. Fahs

Decided April 15, 1863

Illinois Supreme Court · decided 1863-04-15

Writ of Error to the Circuit Court of Wabash County. After a rule to join in error had expired, but before a default was asked for non-joinder, the defendant in error filed an affidavit that the plaintiff in error was a non-resident of this state at the time this writ of error was sued out, and that no bond for costs has been filed, and thereupon moved for a rule upon the plaintiff to show cause why the writ should not he dismissed.

Relies on Randolph v. Emerick · Trustees of Schools v. Walters

Good law ✅— No negative treatment on recordhow we know

Decided 1863-04-15

How this case has been cited

Cited by 8 later decisions — most recently November 1976

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam :

¶1The statute is imperative, that if a non-resident plaintiff shall institute his suit without first having given a bond for costs, “ the court, on motion, shall dismiss the same.” Scates’ Comp. 244. A writ of error is considered as a new action, and the statute applies to all suits instituted in the Circuit or Supreme Court by non-resident plaintiffs. Ripley v. Morris, 2 Gilm. 382; Hickman, v. Haines, 5 id. 20.

¶2The motion is in apt time. It is made before the time has passed for pleading in abatement, which is sufficient. Trustees v. Walters, 12 Ill. 154; Randolph v Emerick, 13 Ill. 346.

¶3The rule will he entered. Rule nisi.

¶4Afterwards, the plaintiff having failed to show cause against it, the rule was made absolute.