Goodrich v. Pendleton
New York Court of Chancery
MOTION by the defendant, that the plaintiff, who resides in the state of Georgia, may give security for costs, in 500 dollars, or other sum, sufficient to indemnify the defendant, who will, necessarily, be put to very considerable expense in the defence of the suit.
1Opinion of the Court
The Chancellor.
Both of the objections are well taken. The plaintiff, who sues ,® autre droit, is not responsible for costs, if he fails, except under special circumstances ; and he ought not to be obliged to enter into personal security, in the first instance. The defendant has, moreover, waived his right to such security by his plea. The rule is, that if the non-residence of the plaintiff appears, on the bill, the defendant waives his title to security for costs, if he takes any step in the cause, or even prays time to answer. (2 Vesey, 24. 10 Vesey, jun. 287.) In Long v. Tardy, (1 Johns.…
2Cases cited1 opinion
- Long v. MajestreNew York Court of Chancery · 1814
3Cited by6 opinions
- Fagan v. StrongNew York Supreme Court · 1890
- Cooke v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Foster v. SwaseyU.S. Circuit Court for the District of Massachusetts · 1846
- Evans v. AdamsIndiana Supreme Court · 1835
- Leazar v. CotaSupreme Court of New Hampshire · 1861
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