7 Ill. 381
Decided December 15, 1845
Illinois Supreme Court · decided 1845-12-15
In this case, a motion was made to dismiss the writ of error, because no bond for costs had been filed. The motion was based upon the affidavit of the defendant in error, stating that the plaintiff in error was, when the writ was sued out, and still is, a non-resident. The counsel for the plaintiff in error admitted the fact of non-residence, and entered a cross motion for leave to file a bond for costs. The application was resisted by the defendant in error.
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Decided 1845-12-15
Cited by 6 later decisions — most recently November 1976
6 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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¶1The Opinion of the Court was delivered by
¶2The motion is granted. A Writ,of Error, like a Scire Facias, is considered as a new action. 2 Tidd’s Pr. 1141; and the statute relative to costs requires the Court to dismiss the suit, whenever a non-resident commences an action, either in the Circuit or Supreme Court, without filing security for the costs.
¶3Dismissed at the cost of the plaintiff in error.
¶4Motion alloived.