Senter v. Carr
Superior Court of New Hampshire
Case, for slander. In the court below the defendant offered evidence that the plaintiff was destitute of property, and moved the court to order the plaintiff to give security for such costs as the defendant might recover upon the trial of the action; contending that the court had authority for that purpose under sec. 7, ch. 191, of the Revised Statutes, and that the want of property of the plaintiff was a sufficient reason why she should furnish security.
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Case, for slander. In the court below the defendant offered evidence that the plaintiff was destitute of property, and moved the court to order the plaintiff to give security for such costs as the defendant might recover upon the trial of the action; contending that the court had authority for that purpose under sec. 7, ch. 191, of the Revised Statutes, and that the want of property of the plaintiff was a sufficient reason why she should furnish security. And the question arising upon said motion was ordered to be reserved and transferred to this court for decision.
1Opinion of the CourtWoods, J.
The motion of the defendant, for an order upon the plaintiff to furnish security for costs in this case, is based upon § 7, ch. 191, of the Revised Statutes. That section provides that “ in all actions or petitions, pending in the superior court or court of common pleas in the county where judgment is rendered, the said courts may, on motion and on good cause shown, limit and allow such costs, and order such security as they may deem just and reasonable.” The cause shown is the insolvency of the plaintiff. We take it, both upon the case and upon the arguments, that the plaintiff was insolvent…
2Cited by1 opinion
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