George v. Kittle

Lively, Judge :

By this rule in prohibition the jurisdiction of the trial court is challenged in so far as the court reinstated the cause on the trial docket and permitted the plaintiff therein to give bond for costs thereafter accruing.

The Porestglen Land Company instituted its suit in chancery against W. T. George, in August 1925, and on April 12, 1926, defendant George appeared, suggested the non-residence of plaintiff, and moved for security for costs. Plaintiff’s counsel admitted non-residence, and an order was entered as •of that date requiring plaintiff to give a bond in the penalty of…