Swift v. Wheeler

Smith, P. J.:

After issue joined, the defendant, Wheeler, moved the County Court, ex pcvrte, for an order requiring the plaintiff to give security for costs, and thereupon an order was granted requiring the plaintiff tó give security within ten days after service of a copy thereof, and staying the plaintiff’s proceedings until compliance with the order. The ■ plaintiff thereafter moved the court, upon an order to show cause, to vacate such order. The order to show cause recited that it apppeared to the court that the first order was made without notice and that there was no sufficient ground…