Taylor

Plaintiffs Henry Taylor and Estelle Taylor, bis divorced wife, filed a complaint against defendants, Baymond Porter Powell and Aetna Freight Lines, Inc., on November 21, 1960, in the Kern County Superior Court, for the wrongful death of their adult son, Boy E. Taylor. Each plaintiff sought damages in the sum of $25,000. Henry Taylor verified the complaint at Bidgecrest, Kern County, California. The attorney of record was Burke West. In due course, an ánswer was filed by defendants and a copy thereof was mailed to Burke West as attorney for plaintiffs.

On January 19, 1961, the attorneys for defendants filed a demand for security for costs. This demand, requiring a bond of $300, was served by mail on Burke West. No mention of section 1030 of the Code of Civil Procedure was made therein, nor was there any' mention as to the nonresidency of the plaintiffs.

On February 24, 1961, a substitution of attorneys was filed in which Bafus J. Carter was substituted as the attorney for Henry Taylor but Henry Taylor, who signed as the client, stated that he was signing it “in pro. per.” A copy of this substitution was served by mail on the attorneys for defendants. Henry Taylor had never…