Silvas

This action was brought on behalf of an infant plaintiff, a resident of Arizona, by his guardian ad litem, to recover damages for personal injuries alleged to have resulted from the negligence of the defendant, a foreign corporation doing business in Arizona. On the ground that neither the infant nor his guardian ad litem owned property in the district out of which costs could be made on execution, the court below ordered that the plaintiff give security for costs, and because the plaintiff failed to furnish such security a judgment was entered dismissing the complaint. From that judgment the appeal is taken.

[1] The question which was before the court below was not affected by Act Cong. July 20, 1892, c. 209, 27 Stat. 252 (Comp. St. 1913, §§ 1626-1630), providing for. proceedings in forma pauperis. The case involved no attempt to proceed in forma pauperis. The question presented was whether the plaintiff should be required to give security for costs, and, there being no federal statute on that subject, the question was determinable either by a rule of the court or by the state statute on the same subject made applicable by section 914 of the Revised Statutes. Hugunin v. Thatcher…