Corbett v. Brantingham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, May Thorne Brantingham, 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 July, 1901, vacating an order requiring the plaintiff to give security for costs.
1Opinion of the Court
Ingraham, J. :
It is apparent that the defendant, by failing to obtain an order requiring the plaintiff to give security for costs before answer, waived the absolute right to require her to give such security ; and unless facts were shown to excuse a failure to make the application before the defendant answered, such security should be denied. We also think it much better practice where such security is not required until after answer has been served, that the motion for security should be made upon notice to the other side. Here, however, it is not disputed but that the plaintiff was a…
2Cases cited2 opinions
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Segal v. CauldwellAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Kelley v. KremerAppellate Division of the Supreme Court of the State of New York · 1902
- Kronfeld v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1903
- Smiley v. FinucaneNew York Supreme Court · 1911
- Kronfeld v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1903