Boucher v. Pia
The Superior Court of New York City
I. Appeal from an order requiring the plaintiff, a non-resident, to file security for costs. This was an action to obtain the delivery of certain personal property, valued at $150. The plaintiff had obtained the delivery of the property as a provisional remedy under the Code, upon an undertaking,- in the sum of $300, as prescribed in section 209 of the Code. The issues joined in the cause were referred to Michael TTlshoeffer, Esq.
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I. Appeal from an order requiring the plaintiff, a non-resident, to file security for costs. This was an action to obtain the delivery of certain personal property, valued at $150. The plaintiff had obtained the delivery of the property as a provisional remedy under the Code, upon an undertaking,- in the sum of $300, as prescribed in section 209 of the Code. The issues joined in the cause were referred to Michael TTlshoeffer, Esq. On the trial it appeared that the plaintiff was a non-resident. The defendant, within a few days thereafter, moved to compel the plaintiff to file security for…
1Opinion of the Court
By the Court.*—Bosworth, C.
On the 8th of July, 1861, the defendant was first informed that the plaintiff was a nonresident. On the 11th of July, he obtained an order that security for costs be filed in ten days after the service of that order; or that cause be shown on the 19th of that month. On the 23d, after cause had been shown, the order appealed from was made. That order requires security for costs to be filed, and stays plaintiff’s proceedings in the mean time. The defendant was not guilty of laches in not making his motion sooner, and there is nothing to indicate that it was made…
2Cases cited2 opinions
- Robinson v. SinclairCourt for the Trial of Impeachments and Correction of Errors · 1845
- Florence v. BulkleyThe Superior Court of New York City · 1853
3Cited by1 opinion
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881