Crossett v. Dean
New York Supreme Court
Motion to compel plaintiffs to give security for costs under section 3268, subdivision 1, and section 3271, Code of Civil Procedure.
1Opinion of the CourtPound, J.
The plaintiffs are non-resident infants, suing by resident guardian ad litem, duly appointed. When the plaintiff is “ a person residing without the State ” the right to security is absolute. Code Civ. Pro., § 3268, subd. 1. But the guardian ad litem is personally responsible for the costs (Code Civ. Pro., §§ 469, 3249), and he must be regarded as the substantial plaintiff for the purposes of this section. The infant plaintiffs come within the letter but not within the reason of the law, and the right to security is not absolute.
But this is an action against the trustee of an express trust,…
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