Segal v. Cauldwell
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Adolph Segal against William Cauldwell. From an order requiring plaintiff to give security for costs, he appeals. Affirmed. Argued before VAN BRUNT, P. J., and WILLIAMS, PATTERSON, O’BRIEN, and INGRAHAM, JJ.
1DissentO’Brien, J.
The action was commenced on June 3, 1897. Fifty-five days thereafter, on July 28,1897, the defendant’s answer was served. Thirty-one days after answer served, and 86 days after the action was begun, on August 28,1897, the motion was made, upon an affidavit of. the attorney; which simply stated that the plaintiff is not a resident of the state, and that the defendant demands security for costs. Not a word of explanation or excuse is given for the delay in making the motion. The question is, therefore, whether the defendant was entitled to such order as a matter of right, or whether it was…
2Cases cited3 opinions
- Stevenson v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1888
- Weber v. MoogNew York City Court · 1882
- Scwartz v. ScottNew York Supreme Court · 1895