United Bank & Trust Co. v. Jones

(After Stating the Facts as Above). We will speak of the parties as designated in the lower court. The defendant assigns as error the court’s failure to require plaintiff to give security for costs upon the filing of its motion therefor, and in refusing to dismiss the case upon its motion.

These motions are based upon paragraph 643 of the Civil Code, which provides in general terms that, if. it be shown that the plaintiff is a nonresident or has not property but of which costs can be made, the court shall order that he give security for costs, and that for a failure to file such bond within…