Mussina v. Alling

The first question in this case is whether a court has the right to order the plaintiff to furnish security for costs. We think that it has this power in all cases where the Clerk has neglected to take security, or where he has taken insufficient security. R. S., p. 125, § 9; Houghton v. Houghton, 11 A. 200.

*800The second question is, whether the defendant in a suit can proceed by rule against the security on a bond for costs of suit; we think that he cannot, but must proceed by an ordinary action.

In Baker et al. v. Doane et al., 3 An. p. 434, the court say: “Summary proceedings being departures…