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Lewis L. Baker and Emily R. Baker vs. Sarah J. Green and Charles E. Green

Delaware Superior Court1918-04-24No. Covenant No. 31
7 Boyce 11330 Del. 113

Authorities cited

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Opinion

majority opinion

Pennewill, C. J.,

delivering the opinion of the court:

It clearly appears from the admissions of the plaintiff that she is not a resident of this state within the meaning of the statute requiring security for costs, in that she has not a place of abode within this state at which a copy of process could be left. The fact that the plaintiff was a resident of this state, and had such an abode at the time the action was brought, does not relieve her from entering security for costs if she is not a resident of the state within the meaning of the statute at the time application for security is made. 1 Woolley, Del. Prac. § 305. It is ordered that security for costs be entered.