Ridgway v. Symons

.Beekman, J.

This is a motion to vacate an order requiring the plaintiff to give security for costs. The order was made ex parte. The granting , of such an order against a receiver rests in the discretion of the court, and the power will be

*79exercised, under well-settled principles, only where it appears not only that the receiver is without funds applicable to the payment of costs, but also that the action has been brought in bad faith or heedlessly, or without reasonable prospect of success. Bennett v. Goble, 43 Hun, 354 ; Rutherford v. Town of Madrid, 77 id. 545; Hale v. Mason, 86 id. 499.…