Adams v. Miller et al.

Case # 002821, 002932

Appellant/Plaintiff

Richard S. Adams

Appellee/Defendant

Frederick Miller, Fountain Miller, Jeremiah Miller

Appellant/Plaintiff Attorneys

  • Jedediah Jack

Appellee/Defendant Attorneys

  • Robert F. Wingate

County of Origin

Johnson County

Justice

Justice Samuel H. Treat

Terms of Court

November 1850

Type of Case

Debt

Disposition

Reversed

Citation

12 Ill 27

Case Summary

Adams sued Miller and others for to recover the penalty for failing to discharge their duties as public millers.  After a default judgment before a justice of the peace, Miller appealed to the circuit court. The court dismissed the case because Adams did not file security for costs as required.  Adams appealed to the Illinois Supreme Court, which reversed the circuit court decision. Miller's failure to object promptly waived their right, and the circuit court erred in dismissing the suit.  14 Ill. 71 is also a part of this case. 

Illinois Reports File