Nassar v. Elias

The defendant moves for security for costs on the ground of nonresidence of the plaintiff. His affidavit is vague as to the status of the action. He deposes that he was served with the summons and complaint on December 31, 1907; that the answer was served on March 31, 1908; and that “this action * * * was heretofore tried on the 26th day of December, 1907, * * * and the complaint dismissed.” He then deposes to the substitution of his present attorney, and immediate notice to plaintiff to file security for costs, “and alleges that the reason that no previous application herein has been made…