Hunt v. Butcher

Debt. The only question in this case arises on the judgment of the Circuit Court, dismissing the suit for want of security for costs. The plaintiff was a non-resident, and at the commencement of the suit had given a bond with security for the costs, but the surety became insolvent, and *342at November term, 1838, the Court made an order requiring the plaintiff to give other security within 120 days, and on failure to do so, that the suit be dismissed. The plaintiff failed to give the security required, and at the next term, the defendant moved to dismiss the suit. The plaintiff thereupon tendered…