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.
1Opinion of the Court
Ingraham, J.:
We agree with the learned justice who made the order appealed from that a defendant, by failing to move before answer, waives his absolute right to require a non-resident plaintiff to give security for costs. Where a motion is made after answer, the application is addressed to the discretion of the court, and some fact must be shown to excuse the delay. The court below appreciated this rule, but held that in this case the discretion should be exercised in favor of the application, and we do not think that we would be justified in reversing it in the exercise of that discretion.…
2Cited by6 opinions
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Corbett v. BrantinghamAppellate Division of the Supreme Court of the State of New York · 1901
- Poa v. RiceHawaii Supreme Court · 1921
- Tedeschi v. Bacigalupo, New York County Courts1915
- Ampel v. SeifertAppellate Terms of the Supreme Court of New York · 1904
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