Borders Electronic Co., Inc. v. Quirk

OPINION

Per Curiam: ■

On August 29, 1979, appellant Borders Electronic Co., Inc., a foreign corporation, and the four above-named individual nonresident appellants filed a complaint against respondent John Quirk. Thereafter, appellants filed a substantially similar amended complaint. On November 9, 1979, respondent served notice upon each nonresident appellant that surety for costs would be required pursuant to NRS 18.130. 1

On December 18, 1979, 39 days after service upon appellants, respondent moved to dismiss the compláint for failure to file the cost bond. Appellants made an untimely filing…