Cook v. Ross

Citations

• 46 Tex. 263

Syllabus

<p>1. Rule for costs.—The letter of the statute (Paschal’s Dig., 1500,) authorizes the dismissal of the ease when a rule has been, regularly entered requiring the plaintiff to give security for costs, if the security is not given on or before the first day of the next term after the rule. By a liberal construction of the statute, it is held that tiie rule may be complied with after the first day, if done before the case is dismissed.</p> <p>2. Same.—It is not error, for which, on appeal, a reversal will be had, to refuse to postpone a case when reached, in which a rule for costs has been entered, for the purpose of enabling the plaintiff to comply .with the rule, or to overrule a motion to reinstate such case after the order of dismissal.</p> <p>3. Same.—If plaintiff and his leading counsel were both sick and unable to attend to business when the case was called, that fact, if presented at the time, might be a reason for postponing the case, and allowing further time for complying with the rule.</p>