Cowen v. Rouss

The action has been tried and the complaint dismissed. From this judgment plaintiff has appealed. The defendant has made no effort to obtain the desired security until now, although about three years have elapsed since *339issue was joined in this action. Where motions for such security are made -under sections 3268 and 3272 of the Code, it has been-held that defendant’s absolute right to compel a plaintiff to give the security is waived unless it is asserted before the answer is served, and that, if made subsequently to answering, the application is addressed to the discretion of the court and…