Papineau v. Belgarde

Citations

• 81 Ill. 61

Syllabus

<p>1. Security por costs—motion to dismiss must be before pleading. A motion to dismiss a suit for want of a bond for costs, in cases where one is required before suing, must be made before a demurrer or plea in bar is filed.</p> <p>2. Same—requiring under see. 2, discretionary. It is a matter of discretion with the court to require security for costs, under the second section of the Cost Act, and its decision can not be assigned for error; and it may set aside an order to show cause why security should be required at any time during the same term.</p> <p>3. New trial—-finding as to facts. A new trial will not be granted by this court when the record does not impress the mind that the verdict is manifestly wrong. It must be clearly against the preponderance of the evidence.</p> <p>4. Same—misconduct of jury. A verdict will not be set aside because each juror set down the amount he was in favor of finding, which they added together, and divided the sum by twelve, where there was no previous agreement the sum thus found should be the verdict, and it was, in fact, for a less sum.</p>