Akely v. Kinnicutt

McAvoy, J.:

Defendants appeal from an order denying the defendants’ motion which requested a direction that all non-resident plaintiffs in this action be required to give security for costs. Section 1522 of the Civil Practice Act is the provision governing security for costs by non-resident plaintiffs. It reads:

“ § 1522. * * * The defendant in an action brought in a court of record may require security for costs to be given:

“ A. Where the plaintiff, when the action was commenced, either was

“ 1. A person residing without the State; * * A limitation is put upon the foregoing provision in this…