Abell v. Bradner
New York Supreme Court
On motion to compel plaintiffs to give security for costs. It appears by the affidavits on which the motion is based that the action was commenced in May, 1886, tried the following December, and decided soon after.
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On motion to compel plaintiffs to give security for costs. It appears by the affidavits on which the motion is based that the action was commenced in May, 1886, tried the following December, and decided soon after. From an interlocutory judgment entered January 6, 1887, one of the defendants appealed to the general term, where the judgment, modified in form, was affirmed, and a further interlocutory judgment was entered November 11,1887, by which the cause was referred to John B. Strang to take certain accounts. Several hearings have been had before the referee, and the matter is still…
1Opinion of the CourtAngle, J.
Section 3269, Code Civil Proc., provides that the defendant may require security for costs to be given where, after the commencement of the action, the plaintiff ceases to be a resident of the state; and section 3272 provides that where security for costs is required to be given, the court in which the action is pending, or a judge thereof, upon due proof by affidavit of the facts, must make an order requiring the plaintiff to give such security. It is ■abundantly settled that in the cases mentioned in section 3269 the defendant may require security for costs as a matter of absolute right,…
2Cases cited1 opinion
- Butler v. WoodNew York Supreme Court · 1854
3Cited by2 opinions
- Fagan v. StrongNew York Supreme Court · 1890
- Sims v. BonnerThe Superior Court of the City of New York and Buffalo · 1891