Geiseke v. Walthall

Citations

• 87 Kan. 84
• 123 P. 716
• 1912 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT:</p> <p>1. Case Dismissed — Failure to Give Security for Costs. Section 609 of the civil code invests a district court with power,'in its discretion, to dismiss an action at any time before judgment upon the failure of the plaintiff to comply with an order for additional security for costs. This discretion, however, should be used in harmony with the other provisions of the code which exempt persons unable by reason of poverty to give such security from such requirement. (Stevens v. Sheriff, 76 Kan. 124, 90 Pae. 799.)</p> <p>:2. - Same. Under the facts in this case, we think the discretion of the court was not abused, and the order of dismissal is affirmed.</p>