Willson v. Eveline
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Mordecai M. Willson, Jr., against Mary S. Eveline. From an order denying defendant’s motion to require plaintiff to give security for costs, she appeals.
1Per curiam
The right of the defendant to require the plaintiff, a nonresident, to give security for costs, was absolute (Wood v. Blodgett, 49 Hun, 64, 2 N. Y. Supp. 304; Churchman v. Merritt, 50 Hun, 270, 2 N. Y. Supp. 843), unless waived by laches. The defendant moved as soon as she learned of the nonresidence. The fact that in the verification of the complaint made by the agent of the plaintiff it is stated “that the reason why this verification is not made by the plaintiff is that said plaintiff is not now within the county of Saratoga, nor within the state of New York,” does not give the defendant…
2Cases cited2 opinions
- Churchman v. MerrittNew York Supreme Court · 1888
- Wood v. BlodgettNew York Supreme Court · 1888
3Cited by1 opinion
- Winkley Co. v. Bowen Mfg. Co.U.S. Circuit Court for the District of Northern New York · 1910