O'Connell v. Rea

Citations

• 51 Ill. 306

Syllabus

<p>Costs—of the requisites of affidavit for dismissal—for want of security for —in certain cases. A, for the use of B, brought suit against C on an attachment bond. C filed an affidavit showing the insolvency of A, and moved that he be required to give security for the costs. The affidavit disclosed nothing as to the solvency of B, for whose use the action was brought, or his residence. A rule was accordingly entered against A, to show cause, and he failing to answer, the court, on motion, dismissed the suit: Held, that this action of the court was improper; for the reason, that the affidavit failed to make any mention of the responsibility of the cestui que use, or of his residence; that it should have negatived both of these facts, failing in which, the inference would be, that he was a resident and responsible.</p>