11 R.I. 147 | R.I. | 1875
This is an application for a writ of certiorari, the purpose of which is to revise a judgment in the Court of Common Pleas. The applicant commenced an action against the defendant in that court at the December Term thereof, A.D. 1873. The defendant on the second day moved that the plaintiff be required to give surety for costs, it being admitted that the plaintiff, though a resident of the state, had no taxable property. The plaintiff resisted the motion on the ground that there was no law under which it could be granted, and that if there was any such law it was unconstitutional. The court ordered surety. The plaintiff refused to comply with the order, and the court dismissed the action and gave the defendant judgment for costs. *148
The application must be denied. The applicant's proper remedy was by appeal unless the amount in controversy was too small, which does not appear. Moreover the application does not show a case for the writ. The Court of Common Pleas had authority by statute, for cause shown, to require surety, and to dismiss the action upon neglect to give it. Gen. Stat. R.I. cap. 195, §§ 26, 27. The sections apply to resident as well as non-resident suitors. Want of property is ordinarily considered cause for requiring surety in a doubtful case. In Pratt et ux. v. Fenneret als.
Petition dismissed.