Johnson v. Metropolitan Street-Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Peter Johnson against the Metropolitan Street-Kailway Company. From an order vacating an order requiring plaintiff to give security for costs, defendant appeals.
1Dissent
HATCH, J. (dissenting).
I cannot concur with the views expressed by Mr. Justice RUMSEY in his opinion in this case. He has considered but one point, viz. the laches of the defendant in making its motion for an order compelling the plaintiff to file security for costs. Other questions were raised by the plaintiff upon his motion to vacate the ex parte order requiring him to file security, which seem to me of some importance; and among them it is stated as a ground for the motion that it nowhere appears in the affidavits or order directing him to file such security that the plaintiff was, when…
2Cases cited2 opinions
- Stevenson v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1888
- Sims v. BonnerThe Superior Court of the City of New York and Buffalo · 1891