Union Interchange, Inc. v. Benton

UDALL, Justice.

This is an appeal from an order of the Superior Court of Mohave County granting defendant-appellee’s motion to dismiss based upon plaintiff-appellant’s failure to timely give security for costs as ordered by the trial court.

Plaintiff filed a complaint on June 30, 1961 asserting claims in contract and quantum meruit. Thereafter defendant filed a motion for security for costs which was granted on February 13, 1962 in the amount of $750. Plaintiff was given 15 days to comply with the trial court’s order and on March 5, 1962 the trial court dismissed the action for failure to…