Legal Opinion

Corn Exchange National Bank v. Kimball

City of New York Municipal Court

Decided November 15, 1886PublishedCited by 1 opinion

Motion to vacate an extension of time contained in a stay pending an order to file security for costs.

1Opinion of the CourtMcAdam, C. J.

The plaintiff is a foreign corporation doing business in the State of Pennsylvania. The defendant after having been served with process obtained an order requiring the plaintiff to filo security for costs, etc., with a stay until security was given, and the same order extended the defendant’s time to answer. The present application is to vacate the extension of time because there is not a proper affidavit of merits annexed to the papers.

The stay originally granted is still in force, and the *291defendant objects that the present motion is a violation thereof.

The Code entitles a defendant, as of…

2Cited by1 opinion

  1. Kinley v. American Hardware Manufacturing Co.New York Supreme Court · 1906

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