Perkins v. Hinman
New York Supreme Court
THIS was an action on a promissory note, originally commenced in the Court of Common Pleas o‘f Otsego county. An affidavit of the non-residence of the plaintiff was filed in that court, and a rule entered requiring the plaintiff to file security for costs ; but before any security was filed, the default of the plaintiff was entered, and a judgment of nonsuit was, afterwards, perfected, with costs, amounting to thirteen dollars and sixteen cents, which remained unpaid.
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THIS was an action on a promissory note, originally commenced in the Court of Common Pleas o‘f Otsego county. An affidavit of the non-residence of the plaintiff was filed in that court, and a rule entered requiring the plaintiff to file security for costs ; but before any security was filed, the default of the plaintiff was entered, and a judgment of nonsuit was, afterwards, perfected, with costs, amounting to thirteen dollars and sixteen cents, which remained unpaid. The plaintiff, afterwards, commenced the , ...... , r ,, present suit m this court, tor the same cause oi action.
1Per curiam
This point appears not to have been decided in this court. But the practice is well settled in the, *238English courts in cases of ejectment; and in the Court of E. B. the rule is extended to other actions, whether the former action was in that court, or in the Court of C. P. We shall adopt the rule of the K, B., and grant the motion. The plaintiff, therefore, cannot proceed in this court, until he has paid the costs of the nonsuit in the court below.
Rule granted.(a)
Vide Stebbins v. Grant, ante, p. 196. 1 Dunlap’s Pr. 337. 3 Bos. & Pull. 23. n. (a) 2 Term Rep. 511. and n. (a)
2Cited by13 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Gerrish v. PrattSupreme Court of Minnesota · 1861
- Buckles v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1891
- Union Pacific Railway Co. v. MertesNebraska Supreme Court · 1892
- Ingrosso v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1905
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