der. However, if he desires to contest the validity
of the proceedings in the court in which it is instituted, so as to
avoid even semblance of a judgment against him, it is within the power
of a State to declare that he shall do this subject to the risk of being
obliged to submit to the jurisdiction of the Court to hear and determine
the merits, if the objection raised by him as to its jurisdiction over
his person shall be overruled.[765]

Defenses.--Just as the State may condition the right to
institute litigation, so may it establish its terms for the
interposition of certain defenses. Thus, by statute a State validly may
provide that one sued in a possessory action cannot bring an action to
try title until after judgment shall have been rendered in the
possessory action, and until he shall have paid the judgment, if the
decision shall have so awarded.[766] Likewise, a nonresident defendant
in a suit begun by foreign attachment, even though he has no resources
or credit other than the property attached, cannot successfully
challenge the validity of a statute which requires him to give bail or
security for the discharge of the seized property before permitting him
an opportunity to appear and defend. "The condition imposed has a
reasonable relation to the conversion of a proceeding _quasi in rem_
into an action _in personam_; [and] ordinarily * * * is not difficult to
comply with--* * *"[767]

Amendments and Continuances.--Amendment of pleadings is largely
within the discretion of the trial court, and unless a gross abuse of
discretion is shown, there is no ground for reversal; accordingly, where
the defense sought to be interposed is without merit, a claim that due
process would be denied by rendition of a foreclosure decree without
leave to file a supplementary answer is utterly without foundation.[768]

Costs, Damages, and Penalties.--What costs are allowed by law
is for the court to determine; and an erroneous judgment of what the law
allows does not deprive a party of his property without due process of
law.[769] Nor does a statute providing for the recovery of reasonable
attorney's fees in actions on small claims subject unsuccessful
defendants to any unconstitutional deprivation.[770] Equally consistent
with the requirements of due process is a statutory procedure whereby a
prosecutor of a case is adjudged liable for costs, and committed to jail
in default of payment thereof, whenever the court or jury, after