
    Elbridge G. Cobb vs. Thomas Robinson.
    Plaintiff’s attorney liable for costs, where the plaintiff is a non-resident and no security filed.
    
      Motion by defendant for an attachment against plaintiff’s attorney for non-payment of defendant’s costs in this cause.—This was an action commenced by bailable capias, for assault and battery on board of a vessel in 1844. The defendant was captain, and the plaintiff a seaman; plaintiff was a resident of the state of ‘Maine. An order was obtained that plaintiff file security for costs, which was served on plaintiff’s attorney, and not complied with. At a special term of this court subsequently, an absolute order for security for costs was granted, of which a copy was served on plaintiffs attorney, and not complied with. At a subsequent special term defendanut moved for judgment of non pros which was granted unless plaintiff filed security for costs in twenty days, and paid costs of motion: the conditions of which plaintiff did not comply with, and judgment of nonpros was entered up; costs taxed, served, and demanded of plaintiff’s attorney, who refused to pay.
    Cyrus P. Smith, Hefts Counsel. Cyrus P. Smith, Hefts Atty.
    J. F. Robinson, Pip's Counsel. J. F. Robinson, Pip's Atty.
    
   Beardsley, Justice.

Granted the motion that plaintiff’s attorney pay defendant’s cost on demand, or that an attachment issue.  