Caccavo v. Rome, Watertown & Ogdensburg Railroad
The Superior Court of the City of New York and Buffalo
Appeal from special term. Andrea Caccavo, as administrator, sued the Rome, Watertown & Ogdensburg Railroad Company for causing the death of his decedent, and appeals from an order compelling him to furnish security for costs.
1Opinion of the CourtDugro, J.
This is an appeal from an order requiring the plaintiff to file ' security for costs. By section 3271, Code Civil Proc., it is provided that, in an action brought by or against an administrator in his representative capacity, the court may, in its discretion, required the plaintiff to give security for costs. In the present case the court did so require, and upon this appeal the only question presented is whether any grounds existed for the exercise of a discretion. In order to determine this question, it is well to inquire into the general principles upon which the Code provisions as to…
2Cases cited6 opinions
- Darby v. ConditThe Superior Court of New York City · 1852
- Shepherd v. BurtThe Superior Court of New York City · 1854
- Fagan v. StrongNew York Supreme Court · 1890
- Fessenden v. BlanchardNew York Supreme Court · 1888
- McDougal v. GrayNew York Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schmidt v. EisemanNew York City Court · 1893