Shuttleworth v. Dunlop

Van Fleet, V. C.

The defendant asks the dismissal of the complainant’s bill, because he has failed to obey an order requiring him to give security for costs. The complainant answers that the defendant has waived his right to security, and as it now appears that the order for security was obtained after such waiver had occurred, he should not be compelled to obey it in order to save his suit. The bill is filed to set aside a will for incapacity and fraud in its pro*490curement. The property in controversy consists almost entirely of houses and lots occupied by tenants. Shortly after the bill was…