Gary v. Chambers Bros. Furriers, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the Municipal Court of the city of New York, borough of Manhattan, ninth district, denying plaintiff’s motion to vacate an ex parte order requiring plaintiff to give fifty dollars as security for costs because of the plaintiff’s non-residence in the state.
1Per curiam
The only question presented by the briefs in this case is the power of the Municipal Court to require security for costs as regulated by sections 3268-3279 of the Code, of Civil Procedure. Section 15 of the Municipal Court Code provides that “ the rules, the practice, pleadings, forms and procedure in this court shall conform as nearly as may be ” to those of the Supreme Court. On its face this would make the provision of the sections referred to applicable to the Municipal Court. Moreover, the power to require security for costs is not merely statutory. People ex rel. Fuller v. Oneida Common…
2Cases cited5 opinions
- Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916
- Swift v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1845
- Forman v. CampbellDistrict Court, E.D. New York · 1878
- McLaughlin v. KippAppellate Division of the Supreme Court of the State of New York · 1903
- Wetzel v. BarhiteAppellate Terms of the Supreme Court of New York · 1916
3Cited by2 opinions
- Wolf v. AtkinsonNew York Supreme Court · 1944
- Myrus v. Commonwealth Fuel Co.Appellate Terms of the Supreme Court of New York · 1923