Davidson v. Bose
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fanny Davidson, as administratrix, etc., of James Davidson, deceased, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of December, 1900, requiring and directing her to pay into court the sum of $250, ■ to be applied to the payment of the costs, if any, awarded against her as such administratrix, or at her election to file with the clerk of this…
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Appeal by the plaintiff, Fanny Davidson, as administratrix, etc., of James Davidson, deceased, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of December, 1900, requiring and directing her to pay into court the sum of $250, ■ to be applied to the payment of the costs, if any, awarded against her as such administratrix, or at her election to file with the clerk of this court an undertaking, to be executed to the defendant with one . or more sureties, to the effect that she will pay all…
1Opinion of the Court
Woodwakd, J.:
The action was brought under the provisions of section 1902 of the Code of Civil Procedure for damages for the loss of the life of plaintiff’s husband, through the alleged negligence of the defendant. A motion was made at Special Term, upon affidavits,' to require the plaintiff administratrix to give security for costs in the action. It is not disclosed in the moving papers whether the defendant is proceed- . ing under section 3271 of the Code of Civil Procedure, which pro*213vides for giving security for costs by executors and administrators, or under the section providing for the…
2Cases cited1 opinion
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Clarendon v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1907
- Meaney v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1907