Continental Purchasing Co. v. Woodworth

This appeal involves an interpretation of the Buffalo City Court Act (Laws of 1909, chap. 570, as amd.). The question is presented whether a defendant, who is sued in the City Court of Buffalo by a foreign corporation, can require security for costs. *639If so, in the event of non-compliance with the court’s order to that effect, has the court power to dismiss plaintiff’s complaint?

The City Court Act of Buffalo contains no provision which expressly authorizes the City Court to require security for costs of a foreign corporation as plaintiff. We conclude, however, that such power is acquired by…