Legal Opinion
Forman v. Campbell
District Court, E.D. New York
Decided April 15, 1878No. Case No. 4,939PublishedCited by 5 opinions
1Opinion of the Court
BENEDICT, District Judge.
The power to stay proceedings till security for costs shall be filed, is a power inherent in every court, and may be exercised independently of any statute. Swift v. Collins, 1 Denio, 659; People v. Oneida Common Pleas, 18 Wend. 652.
This power may properly be exercised in a case like this, where an assignee in bank ruptcy, who is substantially without funds belonging to the estate, is prosecuting an expensive litigation. He may well call upon the creditors who are to reap the benefit of tiie litigation if it succeed to furnish him security to pay the costs of the…
2Cases cited1 opinion
- Swift v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Jordan v. BridgesDistrict Court, W.D. Tennessee · 1904
- Gary v. Chambers Bros. Furriers, Inc.Appellate Terms of the Supreme Court of New York · 1918
- McLaughlin v. KippAppellate Division of the Supreme Court of the State of New York · 1903
- Myrus v. Commonwealth Fuel Co.Appellate Terms of the Supreme Court of New York · 1923
- McLaughlin v. KippAppellate Division of the Supreme Court of the State of New York · 1903