Longstreet v. Sawyer
New York Supreme Court
Action by Aaron Longstreet against Cyrus M. Sawyer and others. Plaintiff moves to vacate an order of the county judge, requiring security for costs. Code Civil Proc.
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Action by Aaron Longstreet against Cyrus M. Sawyer and others. Plaintiff moves to vacate an order of the county judge, requiring security for costs. Code Civil Proc. N. Y. § 241, is as follows: “A judge of a superior city court, within liis city, and a county judge, within his county, possesses, and upon proper application must exercise, the power conferred by law, in general language, upon an officer authorized to perforin the duties of a justice of the supreme court at chambers, or out of court.” Section 3272 pro videethat, “where security for costs is required to be given, the court in…
1Opinion of the CourtDaniels, J.
The same reason seems to support the conclusion that a county judge is unauthorized to make the order requiring security for costs to be tiled as there was for holding that he could not by order shorten the time for making a motion. The language is very much the same in this instance. In the latter it is that the order may be made by the court or a judge thereof, which has been held to exclude the county judge. Larkin v. Steele, 25 Hun, 254; People v. Supervisors, 3 How. Dr. (N. S.) 242, 248. And, in the case of security, the order, by section 3272 of the Code of Civil Procedure, is to be…
2Cited by1 opinion
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