Baynard White, Appellant, v. James Stafford, Appellee.

APPEAL FROM GREENE.

If a non-resident gives a bond for costs, after the commencement of the suit but before the trial, it is sufficient.

Stafford, who it appears was a non-resident, brought a suit in the circuit court of Greene, against White, to which White pleaded in abatement, that the plaintiff was a non-resident, and that he had not given a bond for the costs, as the law required. The plaintiff replied to this plea, that although he had not executed a bond at the time of the commencement of the suit, yet at a certain day afterward, and before the trial, he gave bond with security, which the clerk approved. To this replication the defendant demurred, which the court overruled—from which decision the defendant appealed.

Opinion' of the Court by

Justice John Reynolds.

The question presented by the pleadings in this case is, was the security given by the plaintiff, a sufficient compliance with the statute requiring a bond to be filed by a non-resident, for the costs, before the commencement of the suit ? The filing of this bond, can not be said to be a literal compliance with the statute, but surely it answers the object which was intended by it—the ends of justice are answered. The defendant can not complain. In some cases, neither the clerk or attorney may know the plaintiff to be a non-resident when the suit is commenced ; in such cases, it would be hard to turn *68the plaintiff out of court, to answer no good purpose. In construing statutes, the intention of the legislature must be gone into. 6 Bacon, 884. The object of the legislature was to secure all parties in their costs, when a non-resident commenced a suit; this is answered in the present casé, and the judgment must therefore be affirmed. (a), (1).

Judgment affirmed.