Searle v. Mann

The affidavit as to the non residence of the plaintiff, is defective in not stating that the plaintiff was not a resident of the state at the time of the institution of the suit. The rule of court was not intended to designate any cause for an order for security for costs arising after suit brought, except that specially provided for, that is, “ where the plaintiff has taken the benefit of the insolvent laws.”

Motion refused.