Bolton v. Taylor
The Superior Court of New York City
Appeal from an order compelling the plaintiffs to file security for costs. , Mrs. Arthur, one of the plaintiffs, resided in the State of Iowa; the co-plaintiff, Mrs. Bolton, resided- at Staten Island, in the county of Richmond,' Hew Yolk. On the 27th of September, 1864, an order was granted in this action on the application of the defendants, requiring the plaintiffs to file security for costs. From that order the plaintiffs appealed. .
1Opinion of the Court
By the Court.—Monell, J.
The language of the statute (2 Rev. Stat., 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 a. Kelley, 2 Sandf., 632; Blossom a. Adams, 7 N. Y. Leg. Obs., 314; Hicks a. Payson, 7 Abbotts’ Pr., 326; Phenix a. Townshend, 2 Cow., 2), unless the acts of…
2Cited by1 opinion
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