Bullard v. Johns

The appellant, a non-resident of the State, commenced an action against the appellee, founded on a promissory note. On the complaint is this indorsement, “ E. Brooks, security for costs.” The appellee moved a dismissal of the suit, because security for costs had not been given, as the statute requires. On the hearing of this motion, it appeared the indorsement recited above was made by the attorney of the plaintiff, at the commencement of the suit, by the request and authority of said Brooks, with a view of binding him as security for costs. This indorsement, the court ruled, was not a…