Leake v. New York Cent. R. Co.

COOPER, District Judge.

This is a motion by the defendant to compel the plaintiff to give security for costs.

It appears by the complaint that the plaintiff is a resident of Virginia and defendant is a resident of this district.

It is conceded that the new civil practice rules of the Federal Court, 28 U.S.C.A. following section 723c, do not cover the matter of requiring non resident plaintiffs to give security for costs.

It appears, however, that such has long been the practice in equity cases in the Federal Court. It was so held in Winkley Co. v. Bowen Mfg. Company et al., C.C.N.Y., 180 F. 624;…