Perrin v. Whipple

Action (apparently) brought for specific performance of contract. Defendants appeared separately, and each obtained an ex parte order directing that security for costs be filed in $250. Plaintiff makes three motions to vacate "said orders.

In Rothchild v. Wilson (Sup.) 10 N. Y. Supp. 61, Mr. Justice Lawrence held as follows:

“Where the plaintiffs are nonresidents, and there are two or more defend- • ants, they cannot appear separately and each require a bond to him as security *1049for his costs. The statute requires only one bond, which should run ‘to the defendants,’ and is for the benefit of them…