Dunaway v. Terry

The motion is made hy the plaintiff to vacate an order, obtained ex parte, requiring the plaintiff to give security for costs, on the ground of nonresidence. This motion is based on the claim that the defendants have been guilty of laches in making their demand for such security. The rule is well settled that the absolute right of a defendant to compel a nonresident plaintiff to give security for costs is waived, unless it is asserted before answer ; and an application to compel such plaintiff to give security for costs, which is made after the service of the answer, is addressed to the…