Lafrentz v. Mass
New York Court of Common Pleas
Action by Charles Lafrentz, an infant, by Julius Lafrentz, Ms guardian ad litem, against Charles Mass. Defendant was arrested at the commencement of the action, and plaintiff gave an undertaking to pay costs, as required by Code Civil Proc. § 559, relating to arrests in civil cases. Afterwards, on defendant’s motion, plaintiff was required to give an undertaking or make a deposit as security for costs, on the-ground that plaintiff was an infant.
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Action by Charles Lafrentz, an infant, by Julius Lafrentz, Ms guardian ad litem, against Charles Mass. Defendant was arrested at the commencement of the action, and plaintiff gave an undertaking to pay costs, as required by Code Civil Proc. § 559, relating to arrests in civil cases. Afterwards, on defendant’s motion, plaintiff was required to give an undertaking or make a deposit as security for costs, on the-ground that plaintiff was an infant. Plaintiff now motions to vacate such order.
1Opinion of the CourtGiegerich, J.
A comparison of section 559 of the Code with section 3273 shows the distinction between an undertaking as security for costs under the latter section, and the undertaking upon arrest undér the former. The undertaking upon which plaintiff *740relies for the purposes of this motion is in the usual form, and follows the words of section 559, viz. “all costs which may be awarded to the defendant * * * by reason of the order of arrest," while section 3273 requires security for all costs which may be awarded to him in the action. The costs for which security has already been given herein are not the…
2Cases cited1 opinion
- Sutorius v. NorthNew York Court of Common Pleas · 1891