Pannell v. . McCrawley

The amendment moved for is within the principle of the cases cited, and, therefore, must be allowed. I am of the opinion, however, that as the plaintiff was put to costs by this omission, the defendant should pay the costs occasioned by it.

The defendant's counsel then moved that the cause should be referred to the Court of Conference.

It shall be carried to the Court of Conference if the counsel desire it.

(178) Upon which the plaintiff's counsel produced an affidavit stating that the defendant was in declining circumstances, and praying that he be held to give security for the costs. The judge thought this reasonable, and directed such security to be given. The defendant declined giving the same, and the cause was not removed.