Tracy v. Dolan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Annie Dolan and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of March, 1898, denying their motion to compel the plaintiffs to give an additional security for costs.
1Opinion of the Court
McLaughlin, J.:
This action was commenced in October, 1894, for the partition of certain real estate. On the seventh of November following, the defendants having made a motion for that purpose, the plaintiff, a non-resident, gave security for costs by filing an undertaking with one surety. In August, 1897, the plaintiff died, and by an order duly made the action was revived and continued in the name of his executors, both of whom were then and now are non-residents. On January 27, 1898, the surety upon the undertaking filed died, and from the facts stated in the moving papers it may fairly be…
2Cited by3 opinions
- Podmore v. Seamen's Bank for SavingsAppellate Terms of the Supreme Court of New York · 1899
- Podmore v. Seamen's Bank for SavingsCity of New York Municipal Court · 1899
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899