Whitson v. McNutt & Co.

We think that the reasoning in Cook v. King, T. U. P. Charlton, 265, that a plaintiff is not required to give bond because his security to the defendant would be “nugatory, and, if nugatoiy, the law did not require it,” is unsound, and that in the instant case the learned judge of the superior court was correct in what seems to have been his view that such a bond was required. Among other reasons why the requirement of bond and security from a plaintiff might be necessary for the protection of the defendant, it might be suggested that if the defendant obtain a verdict after plaintiff’s…