Bolton v. Taylor

By the Court, Monell, J.

The language of the statute (2 R. S. 620, § 1,) is that “when a suit shall be commenced in any court, for a plaintiff not residing within the jurisdiction of such court, or for several plaintiffs who are all non-residents, the defendants may require the plaintiffs to give security for costs.”

The question arising upon this appeal must be regarded as settled, in this court, by a long line of decisions, (Gardner v. *648Kelly, 2 Sandf. 632; Blossom v. Adams, 7 N. Y. Leg. Obs. 314; Hicks v. Payson, 7 Abb. Pr. 326; Phenix v. Townshend, 2 Code R. 2,) unless the acts of 1840, 1844…