Sermons v. Kansas City Southern Ry. Co.

DAWKINS, District Judge.

Defendant seeks to compel the plaintiff to give security for its costs. The latter contends that *672the defendant is without right to exact such security.

In the absence of a federal statute or a rule of court upon the subject, the matter is governed by the state law. Silvas v. Arizona Copper Co., 220 F. 116, 136 C. C. A. 208; Foster’s Federal Practice (6th Ed.) vol. 2, p. 2080. No applicable federal statute has been cited, and there is no rule of this court permitting a defendant to require security for costs. In so far as the clerk is concerned, the Act of February 11,…