Goldsberry v. Frank Clendaniel, Inc.

Herrmann, J.:

The question for decision is whether the defendants have waived their right to apply for security for costs by filing an answer to the complaint.

Civil Rule 3(f), Del. C. Ann. provides:

“Security for Costs. In every case in which the plaintiff is not at the time of filing his complaint a resident of the State, or being so, afterwards moves from the State, an order for security for costs may be entered upon motion after five days’ notice to the plaintiff; in default of such security as provided in the order, the court, on motion, may dismiss the complaint.”

The Rule was preceded by a…