Stevenson v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from special term, New York county; Edward Patterson, Judge. Charles H. Stevenson, plaintiff, sued the New York, Lake Erie & Western Railroad Company, defendant. Defendant obtained an order for plaintiff to file security for costs under Code Civil Proc. §§ 3268-3271, providing for filing of such undertaking when plaintiff is a non-resident. On motion, this order was vacated, and defendant appeals.
1Opinion of the CourtBrady, J.
The defendant, upon an affidavit made by its secretary, Mr. McDonough, obtained an order on the 20th of January, 1888, requiring the plaintiff to file security for costs within 10 days after the service of a copy of the order. On the 3d of February succeeding, the plaintiff, upon an affidavit that he was a resident of this county, obtained an order to show cause why the previous order should not be vacated. Upon the hearing provided for in the last order, several affidavits were read of conversations had with the plaintiff, during which he admitted that he was a resident of Jersey City, in…
2Cited by10 opinions
- Sciutti v. Union Pac. Coal Co.Utah Supreme Court · 1906
- Cooke v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Green v. Roosevelt Hotel, Inc.New York Supreme Court · 1965
- Scwartz v. ScottNew York Supreme Court · 1895
- Teel v. YostThe Superior Court of the City of New York and Buffalo · 1889
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