Douglas v. District Court of Salt Lake County

We, on application for a'writ of mandamus, are asked to direct the district court to reinstate a case dismissed by him and to proceed with it. The case is one appealed to the district court from a justice court. The question presented involves the construction of Comp. Laws 1907, section 3769, relating to justices’ courts. It reads:

“Justices of the peace may in all cases require a deposit of money or an undertaking as security for costs of court, before filing the complaint. If the plaintiff is a nonresident, however, the defendant may demand that the plaintiff make a deposit of money or give…