Case # 002821, 002932
Richard S. Adams
Frederick Miller, Fountain Miller, Jeremiah Miller
Johnson County
Justice Samuel H. Treat
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.