Legal Opinion

State of Ohio ex rel. Fulton v. Saal

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1933No. Appeal No. 1PublishedCited by 17 opinions

1Opinion of the CourtCarswell, J.

The State of Ohio brought an action against three residents of New York to enforce an alleged civil liability arising in Ohio. The defendants procured an order requiring plaintiff to furnish security for costs by filing a bond for $250 or depositing that amount in court.

Plaintiff moved to vacate that order, on the theory that it is not a “ person residing without the State ” within section 1522 of the *421Civil Practice Act. From an order denying that motion it appeals.

The purpose of section 1522 is to enable defendants to require from every form of foreign entity, natural or corporate, security…

2Cases cited2 opinions

  1. In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
  2. Republic of Honduras v. . SotoNew York Court of Appeals · 1889

3Cited by17 opinions

  1. Sherwood v. United StatesCourt of Appeals for the Second Circuit · 1940
  2. Myers v. CarterCalifornia Court of Appeal · 1960
  3. Clement v. DurbanAppellate Division of the Supreme Court of the State of New York · 2016
  4. Meister v. Engine Trans. Corp.Civil Court of the City of New York · 1988
  5. 230 Park Avenue Associates v. StateNew York Court of Claims · 1995

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