Dunne v. American Surety Co.
New York Supreme Court
Action by one Dunne, as administrator, against the American Surety Company. Plaintiff moves for the vacation of an order requiring him to give security for costs.
1Opinion of the Court
BISCHOFF, Jr., J.
Plaintiff, a nonresident, brought this action in his representative capacity, as an administrator, appointed within the state, and a court order for security for costs was procured (ex parte) by the defendant. The motion is to vacate that order. That the order was granted ex parte does not present a ground of invalidity. True, it was not to be demanded as of right, under section 3268 of the Code, since the plaintiff’s nonresidence was not material, the action being brought by him as administrator (McDougal v. Gray, 15 Civ. Proc. R. 237, 4 N. Y. Supp. 74; Hall v. Waterbury, 5…
2Cases cited8 opinions
- Churchman v. MerrittNew York Supreme Court · 1888
- Hall v. WaterburyNew York Court of Common Pleas · 1879
- Bischoff v. EngelAppellate Division of the Supreme Court of the State of New York · 1896
- Rutherford v. Town of MadridNew York Supreme Court · 1894
- Ridgway v. SymonsNew York Supreme Court · 1895
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