Kinley v. American Hardware Manufacturing Co.
New York Supreme Court
Motion to set aside a provision extending time to answer in an order for security for costs.
1Opinion of the CourtGildersleeve, J.
This motion presents a somewhat peculiar state of affairs. The defendant was served with process without the State, under an order of publication, on February 24, 1905. It appeared in the action by the service of a notice of appearance and a demand for the service of a copy of the complaint on March 13, 1905. Thereafter, and on March 15, 1905, defendant procured an order ex parte requiring plaintiff to file security for costs as a nonresident, and extending defendant’s time to answer or demur twenty days from the time when such security should be filed. On March 1Y, 1905, plaintiff filed the…
2Cases cited7 opinions
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Sanders v. People's Co-operative Ice Co.New York Supreme Court · 1904
- Bronson v. FreemanNew York Supreme Court · 1853
- Van Zandt v. Van ZandtNew York Supreme Court · 1889
- Corn Exchange National Bank v. KimballCity of New York Municipal Court · 1886
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