Legal Opinion

Lyman Ventilating & Refrigerator Co. v. Southard

U.S. Circuit Court for the District of Northern New York

Decided January 19, 1875PublishedCited by 3 opinions

[This was a bill in equity by the Lyman Ventilating and Refrigerator Company against John Southard. The defendant moves for an order directing complainant to give security for costs.]

1Opinion of the Court

WALLACE, District Judge.

This is a motion by the defendant to compel the complainant to file security for costs. The complainant is a corporation created by the law's of the state of New York, and its principal office is located in the city of New York, as appears by the bill.

The provisions of title 2. c. 10, pt. 3. of the Revised Statutes of the state of New York, relative to security for costs, are adopted by the rules of this court. If, therefore, the corporation complainant resides in the city of New York, it is a non-resident of this district, and not wdthin the jurisdiction of this…

2Cases cited2 opinions

  1. Gardner v. KellyThe Superior Court of New York City · 1849
  2. Bolton v. TaylorThe Superior Court of New York City · 1864

3Cited by3 opinions

  1. Miller's Adm'r v. Norfolk & W. R.U.S. Circuit Court for the District of Western Virginia · 1891
  2. Hugunin v. ThatcherU.S. Circuit Court for the District of Northern New York · 1883
  3. Winkley Co. v. Bowen Mfg. Co.U.S. Circuit Court for the District of Northern New York · 1910

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