Filley v. Cody

The defendant in error moves the court to dismiss the writ on the ground that no bond for costs has been filed as required by section 1, chapter XIX of the Revised Statutes.

The motion is supported by an affidavit setting up that the plaintiff in error was a non-resident when the writ was sued out. This is not sought to be controverted by counter affidavits.

The statute declares in mandatory terms that if any action shall be commenced without filing a cost bond, the court on motion shall dismiss the same. The language is unequivocal, and leaves nothing to the discretion of the court. Western…