Price v. Betts
New York Court of Chancery
The complainant in this cause being a non-resident, the defendant’s counsel, upon due notice of the application, obtained an order that all proceedings on the part of the complainant be stayed until security for costs was given. On the same day upon which the order was made, but before notice thereof had been given, the complainant’s solicitor gave notice of an application, at a future day, for the appointment of a receiver.
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The complainant in this cause being a non-resident, the defendant’s counsel, upon due notice of the application, obtained an order that all proceedings on the part of the complainant be stayed until security for costs was given. On the same day upon which the order was made, but before notice thereof had been given, the complainant’s solicitor gave notice of an application, at a future day, for the appointment of a receiver. On the day appointed in the notice for the hearing of this application, the defendant’s counsel appeared to oppose the motion, and informed the counsel for the adverse…
1Opinion of the Court
The Chancellor.
The practice adopted by the counsel for the defendant, in this case, was perfectly regular; and the vice chancellor was right in refusing to set aside the ex parte order for the costs of attending to oppose the application for the appoinment of a receiver. At the time when the notice of that application was given, the complainant’s solicitor knew that an order to file security for costs was about to be made ; and if he did not intend to file such security before the time appointed for making his application, he should not have noticed it until after such security was given. The…
2Cases cited1 opinion
- Champlin v. PetrieNew York Supreme Court · 1830