Majority
p. 531Mitchell Bomeisler and Lewis Bomeisler, versus The National Ins. Co. showed to the court, that the plaintiffs, (who resided in Philadelphia,) had become insolvent since the commencement of the suit, and he moved that proper security for the costs, which might accrue, should be filed ; alleging that the one hundred dollars, required by the usual rule, furnished an inadequate security. There were two causes, he said, pending between the parties, and his motion extended to both. that there were no good grounds for the demand of additional security, as the cause had been long at issue, and the principa! part of the expenses of it had already accrued.
Headnote
Where foreign plaintiffs become insolvent after the commencement of a suit, and the 100 dollars, required by the 55th rule of this court, are deemed an inadequate security for the costs which may accrue, the court will compel the plaintiffs to file proper security for the costs, and will stay proceedings until the security be furnished.Mr. J. Anthon, in behalf of the defendants in this cause,
Mr. Geo. T. Talman, contra, for the plaintiffs insisted,
The security furnished under the ordinary rule is not sufficient to indemnify the defendants for their costs, if they should in the end prove successful; and the plaintiffs must, therefore, furnish security to the amount of 200 dollars in each suit. In the meantime, the proceedings must be stayed for 20 days, in order to give the plaintiffs an opportunity to furnish the security required.
[Hoffman & Talman, Att'ys for the plffs.