Baker v. Green
Superior Court of Delaware
Action by Lewis L. Baker and his wife against Sarah J. Green and her husband. On motion of defendants for security for costs. Motion for rule upon plaintiffs for security for costs and affidavit by Sarah J. Green, one of the defendants, under Section 4174, Rev. Code 1915, made and filed the day preceding that set for the trial of the case.
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Action by Lewis L. Baker and his wife against Sarah J. Green and her husband. On motion of defendants for security for costs. Motion for rule upon plaintiffs for security for costs and affidavit by Sarah J. Green, one of the defendants, under Section 4174, Rev. Code 1915, made and filed the day preceding that set for the trial of the case. When the case was called, counsel for the plaintiffs objected to an order for security for costs on the ground that the plaintiffs were residents of the state. One of the plaintiffs, Emily R. Baker, was called, and, in substance, testified that she and her…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
It clearly appears from the admissions of the plaintiff that she is not a resident of this state within the meaning of the statute requiring security for costs, in that she has not a place of abode within this state at which a copy of process could be left.
*114The fact that the plaintiff was a resident of this state, and had such an abode at the time the action was brought, does not relieve her from entering security for costs if she is not a resident of the state within the meaning of the statute at the time application for security is made. 1…
2Cited by3 opinions
- Weintraub v. RudnickSupreme Court of Delaware · 1928
- E. J. Hollingsworth Co. v. CesariniSuperior Court of Delaware · 1957
- Goldsberry v. Frank Clendaniel, Inc.Superior Court of Delaware · 1953