Woods v. Bailey

ARCHBALD, District Judge.

If the views previously expressed in this case are to be adhered to (113 Fed. 390), the rule which has been taken must be made absolute, and the action dismissed. As was there said, the plaintiff’s affidavit of poverty, if direct and positive, was sufficient in the first instance, under the statute (Act July 20, 1892, 27 Stat. 252, c. 209 [U. S. Comp. St. 1901, p. 706]), to meet the demand upon her for security for the costs; but if controverted by a motion to dismiss, such as is now made, the case was liable to be put out of court if the plea of poverty, after a full…