
    James W. Milner and Wife v. James Hatfield, et al.
    Bond for Costs — Non-resident Plaintiffs.
    Non-residents who are plaintiffs are required to give bond for costs, but where there are two persons who are plaintiffs, one a non-resident and one a resident, no bond can be required from the non-resident.
    APPEAL FROM McLEAN CIRCUIT COURT.
    November 13, 1875.
   Opinion by

Judge Peters :

There were two- plaintiffs to the action, and but one of them a non-resident, according to the facts stated in the affidavit filed. The language of the statute is when a non-resident or any corporation shall institute an action in any court, whether suing in his own right, or as the representative of another, he shall, before the commencement thereof, give bond, evidently meaning that when the non-resident is the only plaintiff in the action, he shall give bond with surety resident in this case, etc. But when there are two plaintiffs, and one of them is a resident of the state, neither the letter nor spirit of the statute requires a bond for cost to■ be executed. And perceiving no error in the judgment the same is affirmed.

J. C. Jonson, for appellants. Owen & Ellis, for appellees.  