Northup v. Peacedale Manufacturing Co.

This is a petition for a trial, based upon a dismissal of the action for the plaintiff's failure to comply with an order to give surety for costs. The plaintiff is a minor, who sues by next friend. The defendant moved for surety for costs, and the next friend filed an affidavit setting forth that he was without property of any kind; that he had made application to several persons to become surety, but he had been unable to secure such surety. The case was thereupon dismissed.

The practice in this State of requiring surety for .costs to the defendant in an action is an ancient one, a law to…