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GOLDSBERRY v. FRANK CLENDANIEL, INC.

No. 366, Civil Action 1952.

101 A.2d 805 (1953)

GOLDSBERRY v. FRANK CLENDANIEL, Inc. et al.

Superior Court of Delaware, Sussex.

December 29, 1953.

Attorney(s) appearing for the Case

Samuel R. Russell (of Tunnell & Tunnell), Georgetown, for plaintiff.

Everett F. Warrington, Georgetown, for defendants.

Stewart Lynch, Wilmington, amicus curiæ.

HERRMANN, Judge.

The question for decision is whether the defendants have waived their right to apply for security for costs by filing an answer to the complaint.

Civil Rule 3(f), Del.C.Ann. provides:

"Security for Costs. In every case in which the plaintiff is not at the time of filing his complaint a resident of the State, or being so, afterwards moves from the State, an order for security for costs may be entered upon motion after five days' notice...

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