Cooke v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of' the clerk of the county of Kings on the 28th day of November, 1900, vacating an order theretofore made requiring the plaintiff to give security for costs.
1Opinion of the Court
Jenks, J.:
This order must be reversed. The action in which it' is. made is ■brought to recover damages for personal injuries. It was begun by service of summons on June 30, 1900. Thereafter the plaintiff received •from the defendant seven successive extensions affording him one hundred and fifteen days to serve the complaint. The complaint was served and before the expiration of the twenty days within which defendant might answer, and before answering, the defendant obtained an order exponte requiring plaintiff to file security for costs.. Upon motion and notice, the Special Term…
2Cases cited5 opinions
- Churchman v. MerrittNew York Supreme Court · 1888
- Stevenson v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1888
- Goodrich v. PendletonNew York Court of Chancery · 1818
- Freese v. AveryAppellate Division of the Supreme Court of the State of New York · 1901
- Hand v. ShawNew York Court of Common Pleas · 1895
3Cited by2 opinions
- Di Stefano v. Peekskill Lighting & RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Gibbons v. Bush Co., LimitedAppellate Division of the Supreme Court of the State of New York · 1904