Hansen v. Ah Bun Lau

OPINION OP THE COURT BY

KEMP, J.

This is an appeal (allowed by the presiding judge) from an order denying, without prejudice, defendant’s motion under paragraph 10 of section 3644, R. L. H. 1935, for an order requiring plaintiff to give security for costs. Defendant’s affidavit in support of his motion alleges that he has a meritorious 'defense to plaintiff’s action; that plaintiff is a nonresident and has no property within the jurisdiction of the court upon which execution could be levied to satisfy a judgment for costs; that it will be necessary for defendant to have witnesses testify by…