Ware v. City of Anchorage

NESBETT, Chief Justice.

Appellant’s complaint against the city of Anchorage for damages for an alleged false arrest and imprisonment was dismissed without prejudice upon his failure, as a nonresident, to provide an undertaking' to secure the payment of costs and attorney fees as provided for in AS 09.60.060. 1

Appellant contends that AS 09.60.060 is procedural in its nature; that since the Alaska constitution vests in the supreme court the right to “make and promulgate”' rules of procedure, the statute is invalid because under the constitution the legislature cannot “make” rules of procedure,…