Flint v. Van Deusen

Smith, J.;

The plaintiff recovered a judgment herein against the defendants, from which the defendants appealed. Thereafter the plaintiff removed from the State, and the defendants, pending the appeal, obtained an order requiring him to file security for costs, on the ground that he had become a non-resident since the commencement of the suit. The only question is whether the case is within the meaning and spirit of the statute. (2 R. S., 620, §§ 1, 2.) We are inclined to think that after the plaintiff has recovered judgment in the suit, which entitles him to the costs of the action, he cannot…