Felton v. Hopkins
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee1 county: D. H. JohNSON, Circuit Judge. This action is for the recovery of a money demand.
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Appeal from an order of the circuit court for Milwaukee1 county: D. H. JohNSON, Circuit Judge. This action is for the recovery of a money demand. August 5, 1894, the defendants, upon an affidavit of nonresi-dence of plaintiff, obtained ex fcurte an order of the circuit judge requiring the plaintiff to file security for costs in the action, in the sum of $250, within twenty days after the service of a copy of the order, and that all proceedings on his part be stayed until such security should be filed. The order was served on the Yth of the same month. On the 2d of October next thereafter,…
1Opinion of the CourtPxNNet, J.
1. The order requiring the plaintiff to give security was regularly and properly made under the statute (E. S. sec. 2945), and no previous notice of application therefor was necessary. Eor this reason the motion of the plaintiff to vacate the order was not well taken.
2. The plaintiff was in default for not filing security as required by the order, and had been for nearly two months. The defendants were entitled to an order dismissing the .action, with the usual costs and costs of motion, unless for “ good cause shown, in discretion, upon such terms as may be just,” the court allowed security…
2Cases cited3 opinions
- Cleveland v. BurnhamWisconsin Supreme Court · 1882
- Joint School District No. 7 v. KemenWisconsin Supreme Court · 1888
- Hungerford v. CushingWisconsin Supreme Court · 1859
3Cited by3 opinions
- McKey v. EgelandWisconsin Supreme Court · 1936
- Sheldon v. Nick & Sons, Inc.Wisconsin Supreme Court · 1948
- Colbeth v. ColbethWisconsin Supreme Court · 1903