Rodgers v. Horn

This appeal is from an order granting plaintiff’s motion to set aside an order dismissing the action and to restore the cause to the trial calendar.

The action is to recover damages for alleged negligence and carelessness on the part of defendant in extracting one of plaintiff’s teeth. The complaint was filed on July 23, 1946. On August 15, defendant filed a demand requiring security for costs, pursuant to section 1030 of the Code of Civil Procedure, on the ground that plaintiff was a nonresident of California. On September 17, an affidavit of one of defendant’s counsel was filed on his behalf…