Cole v. Manson

Kellogg, John M., J.

The defendants ask, as a matter of right, security for' costs upon two grounds,

First. That plaintiff is a nonresident.

Second. That he is a trustee in bankruptcy.

“ A person ” who is a nonresident of the State may, as matter of right, be compelled to give security for costs. Code Civ. Pro., § 3268. By section 5 of the Statutory Construction Law “ A person ” includes a corporation and a joint-stock corporation. It does not, however, include an estate, or where an action is brought by the representative of ‘an estate or trust as such, for the estate or trust and not the person…