Robinson v. Sinclair
Court for the Trial of Impeachments and Correction of Errors
Motion that the plaintiff file security for costs. The suit was commenced in December, 1844, the plaintiff then being a non-resident. On the 25th of July, 1845, an order was made that the plaintiff file security for costs in twenty days or shew cause at this .term why he should not file such security; and that in the mean time the plaintiff’s proceedings should be stayed.
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Motion that the plaintiff file security for costs. The suit was commenced in December, 1844, the plaintiff then being a non-resident. On the 25th of July, 1845, an order was made that the plaintiff file security for costs in twenty days or shew cause at this .term why he should not file such security; and that in the mean time the plaintiff’s proceedings should be stayed. The plaintiff shews for cause that the action was brought on a promissory note for $200, bearing date August 3, 1843, that the defendant’s default for not pleading was duly entered, a judgment perfected and execution issued;…
1Opinion of the Court
By the Court, Beardsley, J.
Looking to the time when the order to stay proceedings was made and served, and the other circumstances of the case, it is plain enough that the step was resorted to as a mode of gaining time, and not from an apprehension of loss, if security for costs was not given. Delay, and not the prevention of injury, was the obvious motive. The defendant must pay the costs of the hearing appointed for the 26th of July, and of this motion.
I also think the order to shew cause should be discharged. The defendant might have obtained his order in December, and he should have moved…
2Cited by7 opinions
- Hale v. MasonNew York Supreme Court · 1895
- Hugunin v. ThatcherU.S. Circuit Court for the District of Northern New York · 1883
- Boucher v. PiaThe Superior Court of New York City · 1861
- Fearn v. GelpckeThe Superior Court of New York City · 1862
- Clark v. United StatesUnited States Court of Claims · 1865
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