Hammond v. Calder

HENRIOD, Justice.

Appeal from a money judgment and the denial of a motion to dismiss for failure to file a cost bond. Affirmed with costs to respondent.

In 1950 defendant leased virgin, untilled land to one Eskridge for an 8 year term, defendant to get of the crops grown. The land was broken and farmed. On October 13, 1955, Eskridge sued to restrain defendant from permitting his stock to damage a wheat crop growing on the land and for damages. On October 18, defendant demanded a non-resident cost bond.1 Esk-ridge died on October 29. Within 30 days and on November 15, plaintiff’s attorney moved…