Adams v. Miller
Cases that cite this one
2 later published cases cite this decision.
- Lee v. Waller (Ill. App. Ct. 1883)
- Van Slyck v. Wolcott (Circuit Court of the 15th Circuit of Michigan 1871)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This 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.
The judgment is reversed, and the cause remanded.
Judgment reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.