Parks v. Goodwin

This was an action of assumpsit, commenced by summons, before a justice of the peace of Oakland county. The defendants in error, who were the plaintiffs below, were non-residents, and neglected to file security for costs. The plaintiffs moved the justice on this ground to set aside the summons ; whereupon the defendants filed security for costs. The court then refused to grant the plaintiff’s motion.

*57The statute in force at the time this suit was commenced, (R. S. 405, § 51,) required that, in all cases, nonresident plaintiffs should give security for costs before process issued. It is urged…