McLaughlin v. Kipp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Kipp and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 13th day of October, 1902, denying said defendants’ motion to require the plaintiff to give security for costs.
1Opinion of the Court
Willard Bartlett, J.:
This was an application to compel the plaintiff to give security for costs under the Military Code of the State of New York. (Laws of 1898, chap. 212, § 14.)
The section cited reads as follows: “Members of the militia ordered into the active service of the State by any proper authority shall not be liable, civilly or criminally, for any act or acts done by them while on duty. When a suit or proceeding shall be commenced in any court by any person against any officer of the militia for any act done by such officer in his official capacity in the discharge of any *414duty under…
2Cases cited5 opinions
- Nease v. CapepartWest Virginia Supreme Court · 1879
- Swift v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1845
- Holt v. Tennallytown & Rockville RailroadCourt of Appeals of Maryland · 1895
- Forman v. CampbellDistrict Court, E.D. New York · 1878
- Gesford v. CritzerIllinois Supreme Court · 1845
3Cited by2 opinions
- Gary v. Chambers Bros. Furriers, Inc.Appellate Terms of the Supreme Court of New York · 1918
- Myrus v. Commonwealth Fuel Co.Appellate Terms of the Supreme Court of New York · 1923