Denison v. Denison

Plaintiff is a nonresident. Answer was served on April seventeenth, and an ex parte order requiring plaintiff to give security for costs was obtained on April 24, 1914. There was no waiver nor unreasonable delay in applying for the order, unless it is held arbitrarily, as in the first and second departments, that the order must be applied for before answer, at peril of losing the right given unqualifiedly *499to the defendant where the plaintiff resides out of the state, by Code of Civil Procedure, section 3268. United States v. Bangs, 134 App. Div. 215; Fabrik, etc. v. Nease, 117 id. 379.

I am…