I am not prepared to hold, as a general proposition, that an interest in land subject to encumbrances is of such a character as to warrant the dismissal of an application for security for costs. In applications for security for costs on the ground of poverty, the applicant must establish, prima facie, that the appellant is not of sufficient substance to answer the costs of appeal in case he should lose. In the present case there is a prima facie case, as the material establishes that the sheriff, after investigation, is prepared to make a return of nulla bona. This being so, the onus is upon the appellant to show that he has sufficient property, within the jurisdiction, exigible under execution, to satisfy the appellate Judge that the costs of appeal can be readily realized: Bready v. Robinson (1890) 14 P.R. 7.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.