Mitchell v. Dick
The Superior Court of the City of New York and Buffalo
Action by Charles Mitchell against William B. Dick. Plaintiff moves to vacate an ex parte order requiring him to file security for costs. Denied.
1Opinion of the CourtGildersleeve, J.
This is a motion to vacate an order, granted ex parte, requiring plaintiff to file security for costs. The order was granted upon an affidavit of defendant’s attorney that the plaintiff, at the commencement of the action, was, and still is, a nonresident of this state. The plaintiff’s counsel contends (1) that it was improper for the court to grant the order ex parte; and (2) that the affidavit upon which it was granted is insufficient-
*1004With the first contention, I cannot agree. While it has been held that an order, made without notice, to compel a plaintiff suing as an executor to give…
2Cases cited2 opinions
- Churchman v. MerrittNew York Supreme Court · 1888
- Wood v. BlodgettNew York Supreme Court · 1888
3Cited by1 opinion
- Hand v. ShawNew York Court of Common Pleas · 1895