Twining v. Martin

Citations

• 65 Ill. 157

Syllabus

<p>1. Bond fob costs—where plaintiff is a non-resident—motion to dismiss for non-compliance with the statute. A motion made by the defendant in a cause, to dismiss the suit, on the ground that the plaintiff had filed no bond for costs, as required by the statute in case of the non-residence of the plaintiff, before the commencement of the suit, is of a character not looked upon with much favor, and slight evidence is sufficient to overcome the prima facie case made by the party making the motion.</p> <p>2. New tbial—verdict against the evidence. Except in cases where the verdict is manifestly against the weight of the evidence or where it plainly appears to have been the result of passion or prejudice, this court is always reluctant to disturb the finding of the jury upon the facts.</p> <p>3. Instbuctions. Where the substance of an instruction asked by a party was contained in another of the series given on his behalf, it was held not to be error to refuse to give it a second time.</p>