Campbell v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. This appeal was taken by the plaintiff from a judgment of the county court affirming an order of a justice’s court, dismissing the action because the plaintiff, through inability, failed to give security for costs as required by the justice.
1Opinion of the CourtCole, J.
Section 12, chapter 120, R. S., provides that a justice of the peace, in all civil actions where the plaintiff is a nonresident of the county, either before or after the process shall issue, shall require the plaintiff in such action to give security for the costs, “ and may, at his discretion, require a like security of all other plaintiffs; and if the plaintiff refuse or neglect to give such security, the action shall be dismissed.” In this case, on the return day of the summons, after the parties had appeared and put in their pleadings, the defendant demanded that the plaintiff give…
2Cases cited1 opinion
- Conrad v. ColeWisconsin Supreme Court · 1862
3Cited by3 opinions
- Martin v. Superior CourtCalifornia Supreme Court · 1917
- O'CONNOR v. MatzdorffWashington Supreme Court · 1969
- Steinam v. SchulteWisconsin Supreme Court · 1892