Flaherty v. Cary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clarence Cary and others, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of- the clerk of the county of Mew York on the 13th day of December, 1897, vacating an order requiring the plaintiff to give security for costs.
1Opinion of the Court
Barrett, J.:
The defendants, upon an affidavit which was probably insufficient, obtained an ex parte order requiring the plaintiff to give security for costs, upon the ground that he was a non-resident. Instead of moving to vacate this order upon the papers on which it was granted, he made a motion upon affidavits alleging that he is a resident. The defendants met these affidavits by further proofs in support of their allegation of non-residence, g,nd thus the question of residence or non-residence is to be determined from all the affidavits contained in the record.
The plaintiff deposes that…
2Cases cited2 opinions
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- Austen v. CrillyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Harshbarger v. Sherron Metallic Corp.New York Supreme Court · 1943
- Hollander v. LustikNew York Supreme Court · 1913
- Catts v. HarftAppellate Terms of the Supreme Court of New York · 1925
- Manning v. International Telephone & Telegraph Corp.New York Supreme Court · 1960