Segal v. Cauldwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adolph Segal, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of September, 1897, requiring the plaintiff to give security for costs.
1Dissent
O’Brien, J. (dissenting):
The action was commenced on June 3, 1897. Fifty-five days thereafter, on July 28, 1897, the defendant’s answer was served. Thirty-one days after answer served, and eighty-six days after the action was begun, on August 28,1897, the motion was made, upon an affidavit of the attorney, which simply stated that the plaintiff is not a resident of the State, and that the defendant demands security for costs. ¡Not a word of explanation or excuse is given for the delay in ■ making the motion. The question is, therefore, whether the defendant was entitled to such order as a…
2Cases cited1 opinion
- Weber v. MoogNew York City Court · 1882