Rutherford v. Town of Madrid
New York Supreme Court
Appeal from special term, St. Lawrence county. Action by Annie Rutherford, as administratrix of James Rutherford, deceased, against the town of Madrid, to recover damages for alleged negligence of defendant in causing the death of plaintiff’s intestate. From an order requiring plaintiff to give security for costs (26 N. Y. Supp. 573), plaintiff appeals. Reversed.
1Opinion of the Court
HERRICK, J.. This is an appeal from an order of the special term requiring the plaintiff to give security for costs. The action is one brought by the plaintiff, as administratrix of her deceased husband, against the town, for negligence causing the death of the intestate. The order is made under section 3271 of the Code of Civil Procedure. It is a discretionary order, and excepting where it has been irregularly obtained, or there has been an abuse of discretion, or where the discretion has been exercised in pursuance of erroneous principles or theories of law, that discretion will not be…
2Cited by6 opinions
- Hale v. MasonNew York Supreme Court · 1895
- Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
- Brown v. DeaneNew York Supreme Court · 1894
- Drago v. KavanaghAppellate Division of the Supreme Court of the State of New York · 1900
- Dunne v. American Surety Co.New York Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.