Anderson v. Smith

<p>Statement oe the Case.</p> <p>Action of ejectment to recover alot of ground in the county of Washington.</p> <p>The declaration was filed April 12, 1879. On the 9th of April, 1880, the defendant filed a motion “for a rule on the plaintifls to give security for all costs and charges that the said defendants may be put to in case the said plaintifls shall be nonsuited or judgment be given against them, they being non-residents of said District.”</p> <p>It did not appear by the record that any notice of the .motion was served upon the plaintifls.</p> <p>April 17,1880, the court passed the following order :</p> <p>. “Upon argument and consideration of the defendant’s motion, filed 9th of April, 1880, that the plaintifls, being nonresidents of the District of Columbia, give security for costs, it is ordered accordingly ”</p> <p>December 21, 1880, the order for security not having been complied with, the defendant filed a motion “ to enter a judgment of nonsuit, because the plaintiffs have not complied with the rule to give security for costs, laid on them on the 17th day of April, 1880.”</p> <p>On the same day the case was called for trial, and the above motion being pressed, the court refused to grant the same but proceeded to trial, whereupon the cause being submitted to the jury upon the evidence a verdict was rendered for the plaintiffs. Defendant then moved for a new trial upon his exception to the ruling of the court in overruling the motion to enter a judgment of nonsuit because the plaintiffs had not complied with the rule to give security for costs.</p>