Myers v. Carter

This is plaintiff’s appeal from a judgment dismissing his personal injury action because of his failure to provide security for costs within the time allowed by an order of the trial court. The questions presented are these: (1) whether or not plaintiff “resided out of the State” within the meaning of section 1030 of the Code of Civil Procedure at the time the trial court first determined that he should be required to furnish security, and (2) whether the evidence before the court was sufficient to sustain an implied finding that plaintiff was a nonresident at the time the trial court…