Hodgdon v. Merrill
Superior Court of New Hampshire
Motion for security for costs. The action was entered in the court of common pleas at the February term, 1848; the death of the plaintiff was suggested February term, 1849 ; and his administratrix appeared and assumed the prosecution of the suit, February term, 1852. The estate of the plaintiff was duly decreed to be administered as an insolvent estate, and is in fact insolvent.
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Motion for security for costs. The action was entered in the court of common pleas at the February term, 1848; the death of the plaintiff was suggested February term, 1849 ; and his administratrix appeared and assumed the prosecution of the suit, February term, 1852. The estate of the plaintiff was duly decreed to be administered as an insolvent estate, and is in fact insolvent. The defendant, at this term, moved that the plaintiff be ordered to file security for costs, on the ground of the death of the original plaintiff, and the insolvency of his estate; and on the further ground, that the…
1Opinion of the CourtBell, J.
By the Revised Statutes, chap. 191, § 7, “ the superior court and courts of common pleas ” are authorized, “ on motion and on good cause shown, to order such security for costs as they may think reasonable.” Under this statute, it has been held that the mere insolvency of a plaintiff, existing at the commencement of the action and continuing afterwards, will not furnish sufficient cause for an order for such security. If the suit be well commenced, and all the guaranties for costs furnished, which the statute requires for that purpose, a cause, in order to be regarded as sufficient, must…
2Cases cited2 opinions
- Webb v. SteeleSuperior Court of New Hampshire · 1842
- Senter v. CarrSuperior Court of New Hampshire · 1844
3Cited by1 opinion
- LaPlante v. Iafolla Construction Co.Supreme Court of New Hampshire · 1971