Pursley v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John 0. Rodgers, 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 August, 1899, denying the defendant’s motion to require the plaintiff to give security for costs.
1ConcurrenceIngraham, J.
The action was brought to recover for the damages caused by the death of the plaintiff’s testator by reason of the .negligence of the defendant. Upon the complaint and an affidavit that plaintiff, the administratrix, is a non-resident, of the State of New York and resides in the State of Virginia, the defendant made a motion to •compel the plaintiff to give security for costs. It appears by the •complaint that the next of kin of the deceased for whose benefit the action was brought also reside in the State of Virginia. That motion was denied and from the order entered thereon the defendants…
2Cases cited2 opinions
- Hall v. WaterburyNew York Court of Common Pleas · 1879
- Tracy v. DolanAppellate Division of the Supreme Court of the State of New York · 1898