Bronson v. Freeman
New York Supreme Court
Motion to set aside judgment for irregularity. The summons and complaint were personally served on the defendant, about the 10th of January. On, the 22d of January, the defendant’s attorneys obtained from the County Judge, an order requiring the plaintiff to file security for costs, within twenty days after service of a copy thereof, and of the affidavit upon which the order was founded.
Read the full summary
Motion to set aside judgment for irregularity. The summons and complaint were personally served on the defendant, about the 10th of January. On, the 22d of January, the defendant’s attorneys obtained from the County Judge, an order requiring the plaintiff to file security for costs, within twenty days after service of a copy thereof, and of the affidavit upon which the order was founded. On the 31st of January, the same judge made an order that the defendant have until ten days after the plaintiff should have filed security for costs, and the sureties, if excepted to, should have justified,…
1Opinion of the Court
Harris, Justice.
Ever since the year 1830, it has been the uniform practice, when application was made by the defendant to a judge, in vacation, for an order that the plaintiff file security, to make such order in the alternative, requiring security to be filed in twenty days, or that the plaintiff show cause why such security should not be required, at the next special term thereafter. This, with a stay of proceedings in the meantime, obtained in the manner prescribed by the Code, is undoubtedly the proper practice yet. But the statute (2 R. S. 620, § 3,) does not require that the order…
2Cited by2 opinions
- Worthington v. WarnerCity of New York Municipal Court · 1887
- Kinley v. American Hardware Manufacturing Co.New York Supreme Court · 1906