Bailey

Plaintiff is a corporation organized and doing business under and by virtue of the laws of the state of South Dakota. Action was brought in the superior court of Los Angeles County against the defendants, upon a judgment obtained against them in said state of South Dakota. The defendant Parsons, upon being served, appeared in said action December 1, 1900, and on the same day gave and served notice on the plaintiff demanding security for costs. Thereafter, December 20, 1900, the plaintiff applied to a judge of said court, without notice to said defendant, to fix the amount of the bond, and the said judge thereupon by an ex parte order fixed said bond in the penal sum of fifty dollars. On the second day of January, 1901, the said defendant by his attorney served on the plaintiff and filed a notice of a motion to dismiss said action for want of the undertaking for costs as required by law; and after hearing upon said order to show cause, on the fifteenth day of January, 1901, the court entered an order dismissing said action.

The appeal is taken from such judgment dismissing the action in favor of defendant Parsons, for failure to file security for costs. The contention of the…