Wolf v. Houston, West Street & Pavonia Ferry Railroad
New York Supreme Court
Appeal from special term, Hew York county; Lawrence, Justice. Order denying defendant’s motion to compel plaintiff to file security for costs. Defendant appeals.
1Opinion of the CourtDaniels, J.
The action was commenced for a personal injury on the 4th of June, 1886. It was tried twice, resulting on each trial in a disagreement of the jury. The third trial took place in April, 1888, when the complaint was dismissed. From the judgment on that dismissal the plaintiff appealed on the 17th of April, 1888, (see ante, 787,) and it was not until the 28th of the same month that proceedings were taken to obtain security for costs. This was such a period of delay as to require the application to be denied, as it was, by the order. Buckley v. Gutta Percha Co., 3 Civ. Proc. R. 428; Wide v.…
2Cases cited1 opinion
- Wice v. Commercial InsuranceNew York Court of Common Pleas · 1877
3Cited by2 opinions
- Fagan v. StrongNew York Supreme Court · 1890
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1899