← Cases

Tomlinson v. Dusney

16 Del. 378 2 Marv. 378 Court Nov. Term, 1896. English

Contents

Majority

p. 378
William B. Tomlinson d. b. a. vs. Alonzo M. Dusney, p. b. r.
Sussex County,
Nov. Term, 1896.

Headnote

Practice. Appeal. Security for Costs.—The statute authorizing security for costs for non-residents, does not apply to cases of appeal from Justices of the Peace, but only to suits brought in the Superior Court.
p. 379
Boyce, Hearn and Causey, for the plaintiff. Fisher, for the defendant.

This was an application by the defendant, to compel the plaintiff below, respondent, to give security for costs, he being a nonresident.

It was held that the statute did not apply to cases of appeal, but only to such suits, brought in the Superior Court.