| Ill. | Dec 15, 1845

The Opinion of the Court was delivered by

Lockwood, J.

The motion is granted. A Writ,of Error, like a Scire Facias, is considered as a new action. 2 Tidd’s Pr. 1141; and the statute relative to costs requires the Court to dismiss the suit, whenever a non-resident commences an action, either in the Circuit or Supreme Court, without filing security for the costs.

Dismissed at the cost of the plaintiff in error.

Motion alloived.

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