Holshausen v. Hollingsworth

Citations

• 32 Tex. 86

Syllabus

<p>1—When a plaintiff has once complied with a rule to give security for costs, he cannot be ruled to give further security, unless it be affirmatively shown to the court that the security already given is insufficient, or is otherwise objectionable. Hence, it was error to dismiss the plaintiff’s suit because of his non-compliance with a second rule, which was' entered against him without such showing.</p> <p>3—A plaintiff is entitled to actual notice of a rule against him to give security for costs. He is not bound to take notice of the rule in like manner as of a pleading filed in the progress of the suit.</p> <p>3—The ruling in Houston v. Sublett (1 Texas, 538,) to the same effect, cited and approved.</p>