§ 1-523. Defendant's undertaking before answer.
§1‑523. Defendant's undertaking before answer.
Before the defendant mayanswer or demur to the complaint he must execute and file in the superior courtclerk's office of the county wherein the suit is pending, an undertaking, withgood and sufficient surety, in the sum of two hundred dollars ($200.00), whichmay be increased from time to time in the discretion of the judge, to be voidupon condition that the defendant pays to the plaintiff all such costs anddamages, including damages for the loss of such fees and emoluments as may orought to have come into the hands of the defendant, as the plaintiff mayrecover. (1895, c. 105; Rev., s. 835; C.S., s. 878.)