Butler v. Wood
New York Supreme Court
Order that plaintiff file security for costs, or show cause, &c., founded upon affidavits tending to show that, after the. action was commenced, the plaintiff removed from his residence in the county of Monroe, in this state, to the state of Illinois, where he now resides. The plaintiff, in his affidavit, denies that he has changed his residence; and states that he went to Illinois on business, and has since returned to Monroe county aforesaid, where he now resides.
Read the full summary
Order that plaintiff file security for costs, or show cause, &c., founded upon affidavits tending to show that, after the. action was commenced, the plaintiff removed from his residence in the county of Monroe, in this state, to the state of Illinois, where he now resides. The plaintiff, in his affidavit, denies that he has changed his residence; and states that he went to Illinois on business, and has since returned to Monroe county aforesaid, where he now resides. That his absence from the state was temporary, and that his family has remained in Monroe county. It also appears that the…
1Opinion of the Court
Welles, Justice.
There is some doubt upon the affidavits, whether the plaintiff’s absence was temporary or permanent, so as to make him a non-resident. The motion, however, is denied, upon the ground that the defendant is not in a condition to ask that security for costs be given. There is, what amounts to an interlocutory judgment against him. Until that is got rid of, he can never be entitled to judgment for costs against the plaintiff. All the defendant can attempt to do, until he shall obtain leave to answer, is, to reduce or mitigate the damages. The plaintiff will, in any event, be…
2Cited by2 opinions
- Abell v. BradnerNew York Supreme Court · 1888
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881