Ellison v. Ward

This action was brought by plaintiff, a minor, by next friend, against the stockholders of an insolvent bank to enforce the statutory stockholders ’ liability. The bill of complaint was filed in 1933, before the Civil Practice Act became operative, and the pleadings were drafted under the Chancery Act as then in force.

Plaintiff being ruled to file a bond for costs, did so, and upon motion it was stricken as being insufficient, as was also a second similar obligation. The chancellor then ruled plaintiff to file a sufficient bond within 10 days, which plaintiff attempted to do by filing within…