Funk v. Church

1 Security for costs: failure to file bond: dismissal. Before answering, defendants moved for a cost bond, owing to the nonresidence of plaintiffs. Tbe motion was confessed and an order entered requiring such bond to be filed- witllLÍa thirty days. The bond was filed one day late, and owing to this defendants moved that the action be dismissed. The motion was overruled. Appellants rely on section 3848 of the Code, which directs that “ an action in which a bond for costs is required by the last section shall be dismissed if a bond is not given in such time as the court allows.” This statute,…