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Calvin Ripley, in error v. Buckner S. Morris, in error
The Opinion of the Court was delivered by
Lockwood, J.
The motion is granted. A Writ,of Error, like a Scire Facias, is considered as a new action. 2 Tidd’s Pr. 1141; and the statute relative to costs requires the Court to dismiss the suit, whenever a non-resident commences an action, either in the Circuit or Supreme Court, without filing security for the costs.
Dismissed at the cost of the plaintiff in error.
Motion alloived.