Gifford v. Rising
New York Supreme Court
Appeal from an order of tbe Niagara Special Term, directing tbe plaintiff to give security for costs of an appeal taken by bim '■to tbe General Term from a judgment dismissing tbe plaintiff’s complaint. Tbe issues were tried before a referee, and upon bis report judgment was entered dismissing tbe complaint on tbe merits, witb costs, from wbicb judgment tbé plaintiff appealed.
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Appeal from an order of tbe Niagara Special Term, directing tbe plaintiff to give security for costs of an appeal taken by bim '■to tbe General Term from a judgment dismissing tbe plaintiff’s complaint. Tbe issues were tried before a referee, and upon bis report judgment was entered dismissing tbe complaint on tbe merits, witb costs, from wbicb judgment tbé plaintiff appealed. Tbe defendant’s motion for security for costs was so far granted as to require tbe plaintiff to furnish security for tbe costs of tbe appeal.
1Opinion of the Court
Beadley, J.:
Tbe statute provides that in an action brought by a trustee of an express trust, or a person expressly authorized by statute to sue, tbe court may, in its discretion, require tbe plaintiff to give security for costs. (Code Civ. Pro., § 3271.) The plaintiff is a receiver appointed in proceedings supplementary to execution, and as such comes within tbe classes of persons before mentioned. (Kimberley v. Stewart, 22 How., 281; Bolles v. Duff, 17 Abb., 448.) No time or stage in tbe progress of tbe action, when tbe motion for the order requiring the plaintiff to give such security may…
2Cases cited4 opinions
- Cumming v. EgertonThe Superior Court of New York City · 1863
- Robinson v. SinclairCourt for the Trial of Impeachments and Correction of Errors · 1845
- Swan v. MathewsThe Superior Court of New York City · 1854
- Lampman v. Hand & WhaleyNew York Court of Chancery · 1833