Shaw v. Wallis

This cause having been put on the list of issues to be tried by a struck jury, the plaintiff now declined trying the same, whereupon the defendant moved for a rule for security for costs, the plaintiff living out of the state.

This was opposed by the plaintiff’s counsel, who alleged that such a rule could not legally be granted, and more particularly at this late stage of the cause.

The court declared, that the more modern authorities warranted the entering of such a rule, (r Term Rep. 267, 362. 4 Burr. 1177. 2 Term. Rep. 491.)

The\ e is a much stronger necessity for this practice in…