Superior Court of Delaware, 1918

Baker v. Green

Baker v. Green
Superior Court of Delaware · Decided April 24, 1918 · Pennewill
30 Del. 113; 7 Boyce 113; 103 A. 751; 1918 Del. LEXIS 28

Counsel

John D. Hawkins for plaintiff., John B. Hutton for defendant.

Baker v. Green

Opinion of the Court

Pennewill, C. J.,

delivering the opinion of the court:

It clearly appears from the admissions of the plaintiff that she is not a resident of this state within the meaning of the statute requiring security for costs, in that she has not a place of abode within this state at which a copy of process could be left.

*114The fact that the plaintiff was a resident of this state, and had such an abode at the time the action was brought, does not relieve her from entering security for costs if she is not a resident of the state within the meaning of the statute at the time application for security is made. 1 Woolley, Del. Prac. § 305.

It is ordered that security for costs be entered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.