Corthorn v. Cleghorn

REEVES, Chief Judge.

The defendant has filed his motion to dismiss upon the provisions o'f Section 1401, R.S.Mo.1939, Mo.R.S.A. This section relates to security for costs or a deposit in those cases where a non-resident plaintiff has instituted a suit in a state court.

There being a diversity of citizenship, the defendant seasonably removed the case to the United States Courts. When that was done, the laws of the United States became applicable in all procedural matters and the rules here in respect of security for costs would prevail.

Rule 4, Local Rules of the District Court for the Western…