Morrow v. Hoskins

On January 20, 1970, the plaintiff filed a small claim action against the defendants in the amount of $981.91. The defendants later filed a counter-claim in the amount of $2080. The defendants appeal from a default judgment entered against them on July 8, 1971, after evidence was heard upon the plaintiff’s claim.

Defendants initially contend that the trial court had no jurisdiction due to the nonresident plaintiff’s failure to file security for the defendants’ counter-claim with the clerk of the court. However, there is no requirement that a nonresident plaintiff post security to cover a…