Fearn v. Gelpcke
The Superior Court of New York City
Motion to require non-resident plaintiffs to file security for costs. • The plaintiffs were residents of Mississippi, and commenced the present action in December, 1860. The complaint alleged that the plaintiffs were “ merchants and copartners.in trade and business, at Jackson, in the State of Mississippi.”
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Motion to require non-resident plaintiffs to file security for costs. • The plaintiffs were residents of Mississippi, and commenced the present action in December, 1860. The complaint alleged that the plaintiffs were “ merchants and copartners.in trade and business, at Jackson, in the State of Mississippi.” Issue was joined in January, 1861; after the cause had been noticed for trial several terms, it was, in October, 1861, on the application ■ of defendant’s attorney, reserved generally upon defendant’s application. The present application was based on an affidavit of the non-residence of…
1Opinion of the CourtMonell, J.
—By the standing rule of the Supreme Court, adopted at the January term, 1799 (Rule 14), it was provided, *474that upon application of the defendant, a non-resident plaintiff might be compelled to file security for costs; and that until such security was filed, the plaintiff’s attorney was liable for costs to the amount of one hundred dollars. The provisions of this rule were incorporated into the statutes upon their revision c in 1828.
Under the rule, as it existed prior to the statute, it was the constant practice of the court to exercise a discretion in granting or refusing the order. (Ketcham…
2Cases cited3 opinions
- Robinson v. SinclairCourt for the Trial of Impeachments and Correction of Errors · 1845
- Florence v. BulkleyThe Superior Court of New York City · 1853
- Ketcham v. ClarkNew York Supreme Court · 1809
3Cited by1 opinion
- Lewis v. FarrellThe Superior Court of New York City · 1880