
    Walker vs. Holmes & Launitz.
    The attorney for a non-resident plaintiff may become surety for his client, on a motion by the defendant that the plaintiff file security for costs.
    
    The plaintiff being a non-resident, the defendants obtained an order that he file security for costs. 2 R. S. B20, tit. 2, The plaintiff’s attorney became surety by executing the proper bond, and justifying pursuant to the statute. The defendants now moved for judgment of non-pros, on the ground that an attorney cannot become such surety, and likened it to the case of special bail.
    
    
      W. W. Frothingham, for the defendants.
    
      C. McVean, for the plaintiff.
   By the Court,

Bronson, J.

The practice on requiring

security for costs has been regulated by statute, and it is enough that the plaintiff has complied with the statute by executing a bond with a sufficient surety, and the surety has justified. See Barnett v. Pardow, 10 Wendell, 615.

Motion denied.  