Republic of Honduras v. . Soto
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 28,1888, which reversed orders of Special Term requiring plaintiff to make an additional deposit or file an undertaking as further security for defendant’s costs. (Reported below, 47 Hun, 174.) Plaintiff had previously, in pursuance of an order deposited $250 as security. The order appealed from was made without jurisdiction.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 28,1888, which reversed orders of Special Term requiring plaintiff to make an additional deposit or file an undertaking as further security for defendant’s costs. (Reported below, 47 Hun, 174.) Plaintiff had previously, in pursuance of an order deposited $250 as security. The order appealed from was made without jurisdiction. There is no power in the court to require additional security for costs where a deposit is made. (Tidd’s Prac. 945-976; Tates’ PL; Lilly’s. Entries; Downing v.…
1Opinion of the Court
Ruger, Ch. J.
Section 3268 of the Code of Civil Procedure provides that a defendant, in an action brought in a court of record, may require security for costs in cases, among others, where the plaintiff was, when the action was commenced, either “ a person residing without the state; ” or “ a foreign corporation.” The plaintiff claims to be a foreign independent state.
It is urged by the plaintiff that it is neither a person nor a foreign corporation, within the meaning of the Code. It is not disputed but that the plaintiff is an independent government, recognized as such by the United States,…
2Cases cited2 opinions
- In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
3Cited by39 opinions
- Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
- Pfizer Inc. v. Government of IndiaSupreme Court of the United States · 1978
- Russian Socialist Federated Soviet Republic v. CibrarioNew York Court of Appeals · 1923
- West Coast Manufacturing & Investment Co. v. West Coast Improvement Co.Washington Supreme Court · 1901
- Sherwood v. United StatesCourt of Appeals for the Second Circuit · 1940
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