Smith & Briggs Brass Works v. Kahn

This is an appeal from an order made at Special Term requiring the plaintiff to furnish security for costs.

This action was commenced upon the 22d day of August, 1896, by a personal service of the summons and complaint.

*598Upon the 28th day of August, defendants appeared, and at their attorney’s request, were given an extension of time to answer.

Upon the 3d day of September, a further extension of time to answer to the 9th day of September was given.

On the morning of the 10th day of September, 1896, plaintiff’s attorney received the defendants’ answer by mail. Upon the 16th day of September, 1896,…