Gillespie v. Pfister & M'Comb

Headnote

PENDLETON moved that the plaintiffs file security for costs before they be allowed to proceed in the suit, on affidavit that one of the plaintiffs had removed to Alezo-Jersey since the commencement of the suit, arid that the other was confined in gaol for debt; and further, that the defendant was informed, and believed, that the cause of action was assigned.

He insisted that the insolvency of a plaintiff was the same thing as it respected the defendant’s remedy for his costs, as living without the reach of the process of the court; and that the assignment leaving him only the trustee for the benefit of a stranger, it was reasonable that security should be filed.