Whitehurst v. Coleen

Citations

• 53 Ill. 247

Syllabus

<p>1. Security for costs—-for what costs he is liable. Where a person executes a bond for costs, in behalf of the plaintiff in a cause, in the form prescribed in the statute, it seems he will be liable, not only for the defendant’s costs, and such as may accrue to the officers of the court, but for all the costs which may be made in the case, without reference to the person ' to whom they may accrue.</p> <p>% Same—of the mode of collecting the costs from the security. Under the twenty-fourth section of the cost act, a fee bill and execution for costs may issue against the security for costs, without a judgment having been rendered against him, where the plaintiff fails to recover.</p> <p>3. Constitutionality of that act. Nor is that section of the statute, in that regard, in violation of any provision of the constitution.</p> <p>4. Right of trial by jury—construction of the constitution. Under a reasonable construction of those clauses of the constitution which declare that “ the right of trial by jury shall remain inviolate, and shall extend to all cases at law,” and that “ no freeman shall be deprived of his property but by the judgment of his peers,” a party shall be entitled to a jury in all cases in which it was authorized at the time of the adoption of the organic# law.</p> <p>5. The constitution does not give the right of trial by jury to a security for costs who executes a bond therefor in conformity to the cost act, but he may be compelled to pay them, without even a formal judgment against him, in case the plaintiff fails to recQver.</p>