Legal Opinion
In re Utility Consumers Service, Inc.
District Court, S.D. New York
Decided February 8, 1941PublishedCited by 3 opinions
1Opinion of the Court
HULBERT, District Judge.
Respondents apply for an order requiring a Trustee in Bankruptcy to furnish security for costs. The circumstances are rather unique.
The application is based upon Sections 1522 and 1531 of the New York Civil Practice Act. The former authorizes security for costs in actions and the latter in special proceedings, and respondents rely for the applicability of the State Court procedural provisions, and particularly Section 1531 upon the Conformity Act, 28 U.S.C.A. § 724, which, however, has been, in effect, superseded by the new Federal Rules of Civil Procedure, 28 U.S.C.A.…
2Cases cited2 opinions
- Cavicchi v. Mohawk Mfg. Co.District Court, S.D. New York · 1939
- Granite Trust Bldg. Corp. v. Great Atlantic & Pacific Tea Co.District Court, D. Massachusetts · 1940
3Cited by3 opinions
- Karno-Smith Co. v. School Dist. of City of ScrantonDistrict Court, M.D. Pennsylvania · 1942
- In re A. B. C. Welding Works, Inc.District Court, S.D. New York · 1946
- Azarow v. Sherneth Corp.District Court, S.D. New York · 1948