Knaggs v. Easton

Motion is made to require plaintiff to give security for costs, pursuant to section 3268 of the Code of Civil Procedure, on the ground that he is a nonresident. The answer has already been served. In the third department it has been held that the absolute right to apply for security for costs is not lost by the mere fact that the answer has been served before such application. Wicker v. Village of Elmira Heights, 42 App. Div. 426. This is not the rule *52in the first and second departments, where it is now definitely established that the defendant’s absolute right to compel a nonresident…