Kellog ex rel. Monroe v. Bokee

This is a suit by a non-resident of the Slate to the use of a resident of the State, and the question now raised is whether the rule security for costs should be made absolute against the non-resident legal plaintiff, notwithstanding the presence of the resident equitable plaintiff, who under our statute, Code P. G. L., Art. 21, Sec. 8, is liable for costs as if he were the legal plaintiff.

It was decided in Selby vs. Clayton, 7 Gill 241, 243, upon objection to the competency of a witness at a time when interest, disqualified, that the legal plaintiff was incompetent as a witness because he…