Sims v. Bonner

By the Court.—Gildersleeve, J.

It is well settled that defendant’s right to demand security for costs, under section 3268 of the Code, from a non-resident plaintiff, is absolute, unless defendant waives that right by laches ; in which case it becomes discretionary with the court to grant the motion, upon defendant’s satisfactory explanation of his delay. See Buckley v. Gutta Percha Co., 3 Civ. Pro. R., 428; Churchman v. Merritt, 50 Hun, 270; Wood v Blodgett, 15 Civ. Pro. R., 114; Robertson v. Barnum, 29 Hun, 657; Healy v. The Twenty-third Street Railway Co., 1 Civ. Pro. R., 15; *64Abel v.…