Pursley v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John 0. Rodgers, from an order of the Supreme Court, made at the New York Special Term' and entered in the office of the clerk of the county of New York on the" 16th day of August, 1899, denying the defendant’s motion to require the plaintiff to give security for costs.
1Opinion of the Court
Barrett, J.:
' If the question here were solely whether an administratrix appointed in this State, who happened individually to be á nonresident, was absolutely required to- give security - for costs under section 3268 of the Code of Civil Procedure, I should have no hesitation— following the almost unbroken" line of Special Term authority (Hall v. Waterbury, 5 Abb. N. C. 356; McDougal v. Gray, 15 Civ. Proc. Rep. 237; Flynn v. Tinney, N. Y. L. J. Aug. 8, 1899; Crowell v. Bills, 24 Misc. Rep. 411) — in holding that she was - not. ..The reason is obvious. Section 3268 (Subd. 1) plainly relates…
2Cases cited3 opinions
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
- Hall v. WaterburyNew York Court of Common Pleas · 1879
- Crowell v. BillsNew York Supreme Court · 1898
3Cited by26 opinions
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
- Clarendon v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1907
- Schmalz v. William L. Crow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Slutzky v. Aron Estates Corp.New York Supreme Court · 1993
- Kelley v. KremerAppellate Division of the Supreme Court of the State of New York · 1902
21 more not listed; retrieve them via the Exa API.