Bunting Tractor Co. v. Emmett D. Ford Contractors, Inc.

CROCKETT, Justice.

Plaintiff’s action was dismissed “with prejudice” solely on the ground that it failed to file a nonresident cost bond within one month after demand as required by law. This appeal challenges such dismissal as being an abuse of discretion. We agree.

Plaintiff, an Idaho Corporation, commenced suit for the value of goods sold and services performed. On July 2, 1953, defendant served notice on plaintiff to furnish security for costs in accordance with the provisions of rules 12(j) and (k), U.R.C.P., which provide for such procedure when the plaintiff is a foreign corporation and…