Stewart v. The Sun

The state courts which refuse to require security for costs from a non-resident plaintiff, where defendant has delayed moving until after answer is served, also hold that impecunious non-residents may not sue informa pauperis. In this court such plaintiffs are allowed this privilege; and an equitable application of the doctrine of Heckman v. Mackey, 32 Fed. Rep. 574, would seem to warrant the court in requiring security from solvent non-resident plaintiffs at any time, — at least when no special prejudice to plaintiffs’ rights is shown to have resulted from defendant’s delay in moving.…