Den ex dem. Peterson v. Boqua

This court will not order the plaintiffs to give security for costs upon the ground that but one of the plaintiffs resides in this state, and that he had several years before the commencement of the suit taken the benefit of the insolvent law.

A. L. Eakin, In behalf of the defendants produced an affidavit showing that all the lessors of the plaintiff, except Josiah Sparks and wife, are residents of the states of Pennsylvania and Delaware, and that Sparks was insolvent, and had been discharged under the insolvent laws in 1820 ; and thereupon moved that the proceedings in the cause be stayed, until security be given for the payment of costs. It was contended that although the case did not come within the words of the statute, yet that it was within the equitable principles by which the action of ejectment is regulated.