Gardner v. Kelly
The Superior Court of New York City
These were motions for security for costs, heard at bar. In Ahsbahs v. Coussin, the case was pending on a certiorari to the marine court The plaintiff in error resided in the city of Brooklyn.
1Opinion of the Court
By the Court.
This motion presents the question whether a person residing in the city of Brooklyn, is bound to give security for costs, on prosecuting a certiorari in this court, to reverse a judgment against him in one of the inferior courts. Formerly there was no question about it, but it is supposed that the change made in the law as to issuing executions from this court to the other counties of the state, has worked a change in the application of the revised statutes to plaintiffs prosecuting in She court, though residing out of the city of New York. We do not see that these provisions in…
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