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14 N.M. 11

Pilant v. S. Hirsch & Co.

New Mexico Supreme Court

Decided January 15, 1907

New Mexico Supreme Court · decided 1907-01-15

PI. Pope, Associate Justice. It was the duty of the trial court to determine the motion of appellant to require the plaintiff to give security for costs. Comp. Laws 1897, Sec. 2892, Sec. 2685, Sub-Secs. 55, 104; National Distilling Co. v. Cream City Importing Co'. (Wis.) 56 N. W. 864; Collier v. Morgans L. & T. R. Co. (La.) 5 So. 537.

Relies on Horn v. Volcano Water Co. · Fears v. Riley · Sterling Bridge Co. v. Pearl

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1907-01-15

How this case has been cited

Cited by 4 later decisions — most recently July 1943

4 state decisions

2019071910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1OPINION OF THE COURT.

ABBOTT, J.

¶2In the brief for the appellant it is claimed that the action of the court in adjudging the defendant to be in default and rendering judgment against him, was in effect a denial of his motion for security for costs, and in support of the claim are cited 14 Encyclopedia of Pleading and Practice, p. 171, and Sterling Bridge Co. v. Pearl, 80 Ill. 251. Assuming that this contention is sound, as on reason and authority alike, it appears to be, it is difficult to perceive what standing ground the appellant has left for himself. 'But, aside from, that, the action of the District Court which is-here called in question would seem to have been the only proper one. The language of the statute in relation to security for costs, Compiled Laws of 1897, Section 2892, is, that the plaintiff “may be ruled to give security;” not that * he must be so ordered. After the defendant’s answer had been stricken out and he elected not to amend, there was no issue for trial and no occasion for a cost bond. The cause was ripe for judgment. Compiled Laws, 1897, Sec. 2984; Sec. 2685; Horn v. Volcano Water Co., et al., 13 Cal. 62; Fears v. Riley, et al., 148 Mo. 49.

¶3Judgment affirmed.

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