Zimmerman v. Mendenhall

Pennsylvania Court of Common Pleas, Philadelphia County

Decided April 21, 1840

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1840-04-21

THIS suit was brought to March term, 1840, No. 590. The defendant filed an affidavit of defence; and, on filing proof that two of the three plaintiffs were, at the institution of the suit, residents of Buenos Ayres, the court granted a rule on the plaintiffs to show cause why they should not give security for costs. It appeared that the third defendant resided in this state.

Decided 1840-04-21

The Court

¶1said that the rule of court did not apply to this case, and security for costs would not be ordered in cases where any one of the plaintiffs resided in this state, on the ground that the others resided out of it. (See 1 Miles 450, 321.)

¶2Rule discharged.