Nimcke v. New York Evening Journal Publishing Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Frederick Nimcke, as guardian ad litem of Frederick J. C. Nimcke, against the New York Evening Journal Publishing Company. From an order of the City Court, denying a motion to vacate an ex parte order requiring plaintiff to furnish security for costs, plaintiff appeals.
1Opinion of the CourtSeabury, J.
[1] The plaintiff made the motion to vacate the order requiring him to furnish security for costs on the ground that the defendant secured the last-mentioned order after it had served its answer. The affidavit submitted on behalf of the defendant disclosed no excuse for not making the application for security for costs before the answer was served. The defendant, in order to be entitled to security for costs as a matter of right, must make the motion therefor before answer.
[2] If the defendant answers without making the motion, his right to require security rests in the discretion of the…
2Cases cited1 opinion
- Fabrik Schiller'scher Verschluesse Actien Gesellschaft v. NeaseAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Tedeschi v. Bacigalupo, New York County Courts1915
- County of Sullivan v. DownieNew York Supreme Court · 1918