Legal Opinion

McLaughlin v. Kipp

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1903PublishedCited by 1 opinion

Appeal from Special Term, Queens County. Action by John E. McLaughlin against William H. Kipp and others. From an order denying defendants’ motion to require plaintiff to give security for costs, defendants appeal.

1Opinion of the CourtWillard Bartlett, J.

This was an application to compel the plaintiff to give security for costs under the Military Code of the state of New York. Laws 1898, p. 514, c. 212, § 14. The section cited reads as follows:

“Members of the militia ordered into the active service of the state by any proper authority, shall not be liable civilly or criminally for any acts done by them while on duty. When a suit or proceeding shall be commenced in any court by any person against any officer of the militia for any act done by such officer in his official capacity in the discharge of any duty under this chapter or against any…

2Cases cited6 opinions

Nease v. CapepartWest Virginia Supreme Court · 1879
Swift v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1845
Holt v. Tennallytown & Rockville RailroadCourt of Appeals of Maryland · 1895
Miller's Adm'r v. Norfolk & W. R.U.S. Circuit Court for the District of Western Virginia · 1891
Forman v. CampbellDistrict Court, E.D. New York · 1878

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3Cited by1 opinion

McLaughlin v. AppletonAppellate Division of the Supreme Court of the State of New York · 1903