Courson v. Browning

It is urged that the names of all of the plaintiffs and defendants do not appear in the caption of the bond for costs, filed in the court below. There is nothing to show that the plaintiffs were non-residents, or the reason why the bond was filed; but even if there was, and even conceding the bond was subject to the objection, to be availing it should be taken at the first and earliest opportunity. The defendant can not be permitted to plead, or proceed to trial, or to suffer a default, and then raise such an objection for the first time. In this case appellant was served more than ten days…