McCann v. Schnitzler

In an action begun in 1926, plaintiff procured a warrant of attachment, giving an undertaking for $250, a sum accepted as sufficient by the judge issuing the warrant (Civ. Prac. Act, §§ 819, 907). Upon the death of the defendant named in the summons, her administrators, the present defendants, became parties in her place. They moved in 1928 that the plaintiff be required to give additional security (Civ. Prac. Act, § 948). Their motion, denied by the Supreme Court at Special Term, was granted at the Appellate Division, and a new undertaking in the sum of $3,750 was ordered to be given.

The…