McDermett v. Rosenbaum

This suit sounding in damages was begun on the 14th of August, 1897, by the service of the summons and complaint on the defendant. Thereafter and within the statutory period for the filing of the answer, the defendant filed a motion and affidavit asking that the plaintiff be compelled to file a cost bond, alleging her inability to pay costs and the danger to the officers as to their fees. Thereafter, and on the 18th of September while this motion was pending and before its determination or the tender of an issue, the plaintiff filed a motion praying a default and judgment against the…