Turell v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeals from special term, Orange county. Actions by John Turell and Wilson Degraw, by their guardians ad litem, against the Erie Bailroad Company.. From an order requiring plaintiff in each action to give security for costs, they appeal. Beversed
1Per curiam
The facts in each case are similar, except that in the case of Turell three trials have been had, the last resulting in a dismissal of the complaint, while in the case of Degraw there has been but one trial, with the same result. There is also this difference in the orders which have been made: In the first case, the order is to file security for all the costs in the action; in the second, it is to file security for the costs which may be awarded upon the appeal, and for the costs of the action. After the dismissal of the complaints and the entry of judgments thereon, the defendant moved to…
2Cases cited4 opinions
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Wicker v. Village of Elmira HeightsAppellate Division of the Supreme Court of the State of New York · 1899
- Wood v. BlodgettNew York Supreme Court · 1888
- Wolf v. Houston, West Street & Pavonia Ferry RailroadNew York Supreme Court · 1888
3Cited by2 opinions
- Groarke v. LaemmleAppellate Division of the Supreme Court of the State of New York · 1903
- Nassar v. EliasNew York Supreme Court · 1908