Roberts v. Fahs
Cases that cite this one
8 later published cases cite this decision.
- Petrauskas v. Kipnis (Ill. App. Ct. 1976)
- Bealmear v. Beeson (Mo. Ct. App. 1953)
- George v. George (Ill. 1911)
- Clowry v. Holmes (Ill. 1909)
- Iago v. Iago (Ill. App. Ct. 1896)
- Edgar Gold & Silver Mining Co. v. Taylor (Colo. 1887)
- International Bank v. Jenkins (Ill. 1882)
- Connor v. Estate of Connor (Colo. 1878)
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
The 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.
The 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.
The rule will he entered. Rule nisi.
Afterwards, the plaintiff having failed to show cause against it, the rule was made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.