Bradford v. Bradford
U.S. Circuit Court for the District of Western Tennessee
At law. In this cause, Wm. S. Flippin (G. Gantt was with him,) moved for an order directing the clerk to issue the necessary process which would enable the plaintiff to commence his action. He stated that plaintiff had some time ago brought suit in this court against the defendants, but, being ruled to give other security, had not been able, owing to his poverty, to do so, and that consequently his cause had been dismissed.
Read the full summary
At law. In this cause, Wm. S. Flippin (G. Gantt was with him,) moved for an order directing the clerk to issue the necessary process which would enable the plaintiff to commence his action. He stated that plaintiff had some time ago brought suit in this court against the defendants, but, being ruled to give other security, had not been able, owing to his poverty, to do so, and that consequently his cause had been dismissed. He now proposed to renew the suit before the twelve months had expired which the law grants to parties litigant, where their causes have been dismissed for other reasons…
1Opinion of the Court
BAXTER, Circuit Judge.
There is no statute of the United States requiring plaintiffs prosecuting suits in this court to give bonds for costs. This matter has been regulated by a rule of the court The rule requires a bond or a deposit of money to secure payment of costs in the event of a nonsuccessful prosecution of the suit. But no provision has been made for suits in forma pau-peris. The applicant, now before us, insists that the statute of the state upon this subject is controlling. We do not concur in this opinion. Section 3192 of the Code of Tennessee authorizes any person who will make an…
2Cited by4 opinions
- Brinkley v. Louisville & N. R. Co.U.S. Circuit Court for the District of Western Tennessee · 1899
- In re CollierDistrict Court, W.D. Tennessee · 1899
- Roy v. Louisville N. O. & T. R. Co.United States Circuit Court · 1888
- Berhaus v. GeorgeannaDistrict Court, S.D. New York · 1887