Shannon v. Ottawa Circuit Judge

Solely because of local rule 3 of the circuit court for the county of Ottawa, the defendant circuit judge declined to permit the plaintiff to proceed in an action in tort brought by him against the township of Jamestown because of his failure to give security for costs. The rule reads as follows:

“When the plaintiff in any ease, after being required by order of the court to give security for costs, and when such security shall be required by statute, shall file an affidavit to the effect that he has a good and meritorious cause of action, but is unable to procure security for costs and desires…