Segal v. Cauldwell

We agree with the learned justice who made the order appealed from that a defendant, by failing to move before answer, waives his absolute right to require a nonresident plaintiff to give security for costs. Where a motion is made after answer, the application is addressed to the discretion of the court, and some fact must be shown to excuse the delay. The court below appreciated this rule, but held that in this case the discretion should be exercised in favor of the application; and we do not think that we would be justified in reversing him in the exercise of that discretion. It appeared…