Van Slyck v. Wolcott
Circuit Court of the 15th Circuit of Michigan
Motion by defendants to require the plaintiff to give security for costs, under § 4115, Comp. Laws. The only ground urged in the affidavit on which the motion was founded was that the plaintiff had not property liable to execution, sufficient to satisfy any execution for costs that might be recovered against her in the action.
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Motion by defendants to require the plaintiff to give security for costs, under § 4115, Comp. Laws. The only ground urged in the affidavit on which the motion was founded was that the plaintiff had not property liable to execution, sufficient to satisfy any execution for costs that might be recovered against her in the action. The action was in'trover, the parties were all residents of the city of .Cold-water, the issue .had been joined in the cause on the 23d of May, 1870; and this was the third term subsequent to the joining of the issue. No reason or explanation was given for not having…
1Opinion of the Court
By the Court,
Upson, J.
The provision in the statute, § 4115, Comp. Laws, authorizing the Court to require a plaintiff to give security for costs in civil actions pending therein, “ when it shall appear reasonable and proper” so to do, was manifestly made for the benefit of defendants, and therefore may be waived by them if they see fit not to call seasonably for its exercise. When the application' is made promptly the motion is still addressed to the sound discretion of the Court, and it must be made to appear i! reasonable and proper” to grant it before the'parties applying can appropriately…
2Cases cited5 opinions
- Randolph v. EmerickIllinois Supreme Court · 1851
- Hartley v. HartleyCourt of Appeals of Kentucky · 1860
- Adams v. MillerIllinois Supreme Court · 1850
- Adams v. MillerIllinois Supreme Court · 1852
- Frasure v. ZimmerlyIllinois Supreme Court · 1860