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30 Del. 113

Baker v. Green

Superior Court of Delaware

Decided April 24, 1918

Superior Court of Delaware · decided 1918-04-24

Action by Lewis L. Baker and his wife against Sarah J. Green and her husband. On motion of defendants for security for costs. Motion for rule upon plaintiffs for security for costs and affidavit by Sarah J. Green, one of the defendants, under Section 4174, Rev. Code 1915, made and filed the day preceding that set for the trial of the case.

Order granted · Decided 1918-04-24

Pennewill, C. J.,

¶1delivering the opinion of the court:

¶2It clearly appears from the admissions of the plaintiff that she is not a resident of this state within the meaning of the statute requiring security for costs, in that she has not a place of abode within this state at which a copy of process could be left.

¶3*114The fact that the plaintiff was a resident of this state, and had such an abode at the time the action was brought, does not relieve her from entering security for costs if she is not a resident of the state within the meaning of the statute at the time application for security is made. 1 Woolley, Del. Prac. § 305.

¶4It is ordered that security for costs be entered.

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