Florence v. Bulkley
The Superior Court of New York City
The defendant moved for an order requiring the plaintiff to file security for costs. The plaintiff moved for an order allowing him to prosecute the action in forma pcmperis. The action was commenced in May, 1852. On the 8th of October, 1852, it was referred, on defendant’s motion, to a referee to hear and determine. On the 16th of Hovember, 1852, the plaintiff noticed it for trial for the first of December.
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The defendant moved for an order requiring the plaintiff to file security for costs. The plaintiff moved for an order allowing him to prosecute the action in forma pcmperis. The action was commenced in May, 1852. On the 8th of October, 1852, it was referred, on defendant’s motion, to a referee to hear and determine. On the 16th of Hovember, 1852, the plaintiff noticed it for trial for the first of December. On the 18th of Hovember, defendant obtained an order requiring the plaintiff to show cause why he should not file security for costs, and the.plaintiff made an application such as he now…
1Opinion of the CourtBosworth, J.
If either motion is granted, the other must necessarily be denied. The plaintiff cannot be required to file security for costs if permitted to prosecute m fornA pauperis ; nor be permitted so to prosecute if required to file such security.
The papers on which each motion is based contain enough, primd facie, to entitle the applicant to - the- order sought. Still I think both should be denied. The defendant was dilatory in moving for security for costs. The action was commenced early in May, 1852, and the first order was obtained on the 18th of ¡November following. The infancy of the plaintiff…
2Cited by6 opinions
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- Boucher v. PiaThe Superior Court of New York City · 1861
- Fearn v. GelpckeThe Superior Court of New York City · 1862
- Lewis v. FarrellThe Superior Court of New York City · 1880
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