Scwartz v. Scott

An order having been made requiring plaintiff to give security for costs, I am now asked to vacate the same on the grounds: First, that the order was irregularly granted, in that it was made ex parte; and, second, that the defendant was guilty of loches in not applying for the order until after he had served his answer. So far as the first ground of objection is concerned, it is clearly untenable. The court or judge has the power, under section 3272 of the Code of Civil Procedure, to make such an order without notice. This was clearly held in the case of Churchman v. Merritt, 50 Hun, 270, 2…