Hopkins v. Cohen

This court having heretofore made an order ex parte requiring the plaintiff to deposit with this court the sum of $250, or in lieu thereof give' an undertaking to secure to the defendant herein such costs in a like sum that he would be entitled to if successful in the action, upon the ground that plaintiff is a non-resident of this county, a motion is now made by the plaintiff to vacate and set aside such ex parte order upon the ground that the defendant did not obtain said order as a matter of right, the defendant having answered in 1914 and said ex parte order obtained in September, 1916.…