Boyce v. Bates
New York Supreme Court
The defendant moved for process against the plaintiff’s attorney, to compel him to pay the costs of this suit in judgment, being $81,60, and also $10 costs, adjudged against plaintiff on denial of a previous motion, and costs of this motion, on the ground that the plaintiff was a non-resident at the tnrfe of the commencement of this suit. The other facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
Parker, Justice.
The plaintiff was not a resident of this State at the time of the commencement of this action. In such case the defendant may require the plaintiff to file security for costs, and stay all plaintiff’s proceedings till such security be filed. (2 R. S. 3d ed. 711, sec. 1.) After issue joined, and *496after the place of trial in this action had been changed from Wayne to Rensselaer, an order was made on the defendant’s motion, requiring plaintiff to file security for costs, within forty days, and staying plaintiff’s proceedings till such security should be filed. No security was…
2Cases cited2 opinions
- Norton v. RichNew York Supreme Court · 1823
- Jones & Mann v. SavageNew York Supreme Court · 1834
3Cited by2 opinions
- In re LevyNew York Court of Common Pleas · 1882
- Shuttleworth v. DunlopNew Jersey Court of Chancery · 1881