Adams v. Miller

Case # 002821, 002932

Appellant/Plaintiff

Richard S. Adams

Appellee/Defendant

Frederick Miller, Fountain Miller, Jeremiah Miller

Appellant/Plaintiff Attorneys

  • Jedediah Jack

Appellee/Defendant Attorneys

  • John Dougherty

County of Origin

Johnson County

Justice

Justice Samuel H. Treat

Terms of Court

November 1852

Type of Case

Penal Debt

Disposition

Reversed

Citation

14 Ill 71

Case Summary

Adams sued Miller before a justice of the peace to recover a penalty for failing to discharge his duty as a miller, resulting in judgment for Adams. Miller appealed to the circuit court, where the suit was dismissed because the Adams did not provide security for costs at the justice of the peace level. Adams appealed arguing the dismissal was erroneous. The Illinois Supreme Court agreed with Adams and reversed the judgment, noting the failure to provide security for costs should have been raised earlier. 12 Ill. 27 is also a part of this case. 

Illinois Reports File