Liability of Attorney of Nonresident Plaintiff for Costs; Prior Payment of Costs in Action Brought by Nonresident Attorney and Plaintiff

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  1. When any attorney institutes an action in any of the courts of this state for any person who resides outside this state, the attorney shall be liable to pay all costs of the officers of court in the event that the action is dismissed or the plaintiff is cast in the action.
  2. When the plaintiff and his attorney both reside outside the limits of this state, the proper officers may demand their full costs before they shall be bound to perform any service in any case commenced by the nonresident attorney or plaintiff.

(Laws 1812, Cobb's 1851 Digest, p. 505; Laws 1839, Cobb's 1851 Digest, p. 507; Code 1863, §§ 3603, 3605; Code 1868, §§ 3627, 3629; Code 1873, §§ 3677, 3679; Code 1882, §§ 3677, 3679; Civil Code 1895, §§ 5387, 5389; Civil Code 1910, § 5982; Code 1933, § 24-3403.)

RESEARCH REFERENCES

ALR.

- Nonresident's duty to furnish security for costs as affected by joinder or addition of resident, 158 A.L.R. 737.


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