Defendants insisted, that inasmuch as it is provided by 2 R. S. 515, § 47, that suits brought by an assignee or person beneficially interested in the recovery, is liable for costs to defendant if the suit fails, that the plaintiff in interest in this case, being a non-resident, should file security for costs, it being shown that plaintiffs on the record are insolvent.
Beardsley, Justice.Granted the motion, costs to abide the event.