Kimball v. Phoenix Newspapers, Inc.

LA PRADE, Chief Justice.

This case presents an appeal from a judgment dismissing plaintiff’s complaint for libelous publication upon the ground that plaintiff failed to post a bond for security for costs after an order had been made therefor. The motion to require plaintiff to file a cost bond was filed and presented after the court had denied defendant’s motion for summary judgment.

It is the position of plaintiff-appellant that the trial court was without authority to make the order requiring plaintiff to file a bond securing costs after the court had entertained and tried the issue of law…