Sutorius v. North

The learned counsel for respondent appears to have misconceived the provisions of section 559 of the Code of Civil Procedure, regulating the terms of the undertaking required as a condition precedent to the granting of an order of arrest. The costs intended to be secured by the undertaking are not the costs of the action for which the defendant, in the event of his success, may recover judgment, but only such costs awarded to the defendant as accruing directly from the arrest, or in proceedings in the action, or otherwise, necessitated by such arrest. In the view, therefore, which we…