Hicks v. Payson
The Superior Court of New York City
Motion for an order requiring the plaintiff to file security for costs. The defendant moved for an order that the plaintiff file security for costs, .on the ground that he resided at Haverstraw, Rockland county, in the State of Hew York. The motion was opposed on the ground that Haverstraw was within the jurisdiction of this court.
1Opinion of the CourtBosworth, J.
—A party to an action brought, or pending in any court, may be said to reside within the jurisdiction of such court, when both his person and his property can be subjected to the process of the court, issued to the sheriff of the county in which he resides. If the defendant recovers judgment in this action, execution against the property or the body of the plaintiff can be issued to and executed in Rockland county, as effectually and efficiently as if the action were in the Supreme Court, and the execution were upon a judgment in that court. The jurisdiction of the court as to that matter, is…
2Cited by2 opinions
- Bolton v. TaylorThe Superior Court of New York City · 1864
- Lewis v. FarrellThe Superior Court of New York City · 1880