Champlin v. Pierce
New York Supreme Court
Motion for security for costs. This was an ex parte application to the court for a rule that the plaintiff file security for costs, on the ground that the plaintiff, since the commencement of the suit, had become insolvent, and had been discharged under an insolvent act.
1Opinion of the Court
By the Court,
Savage, Ch. J.
This application is made under the provisions of the Revised Statues, (vol. 2 p. 620.) By the third section of the title relating to this subject, an order to file security for costs may be made by the court in which the action is pending, or by any judge thereof jn vacation. When the application is to the court, it should be on notice to the plaintiff, which, not having been given in this case, the order will not be granted by the court; but application may be made to either of the judges at chambers, who will grant an order that the plaintiff file security for…
2Cited by3 opinions
- Churchman v. MerrittNew York Supreme Court · 1888
- Blanchard v. NessleNew York Supreme Court · 1843
- Swift v. WheelerNew York Supreme Court · 1887