Legal Opinion

Fabrik Schiller'scher Verschluesse Actien Gesellschaft v. Nease

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 1907PublishedCited by 2 opinions

Appeal by the plaintiff, Fabrik Schiller’scher Verschluesse Actien Gesellschaft, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of January 1907, denying the plaintiff’s motion to vacate an order compelling the said plaintiff to give security for costs..

1Opinion of the Court

Per Curiam :

The action was begun by the service of a complaint on August 30, 1906.

An. answer was served on October 8, 1906. The complaint alleged that plaintiff was a foreign corporation, as indeed its name indicated. 0,n December .22, 1906, the defendant obtained an ex 'parte order requiring the plaintiff to give security for costs and staying its proceedings until such security was given. It is settled by abundant authority in this department.that a defendant waives his absolute right to require a non-resident plaintiff to give security for costs unless the order therefor is applied for'…

2Cited by2 opinions

  1. Belch v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1916
  2. Nimcke v. New York Evening Journal Publishing Co.Appellate Terms of the Supreme Court of New York · 1912

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