Hand v. Shaw
New York Court of Common Pleas
Appeal from city court, general term. Action by Elwood S. Hand against William A. Shaw and James K. Shaw to recover $235, alleged to be due on a contract for advertising. From an order of the city court (33 N. Y. Supp. 1129, mem.) affirming an order requiring plaintiff to file security for costs on the ground that he was a nonresident, plaintiff appeals.
1Opinion of the CourtBookstayer, J.
The right of a defendant in an action to security for costs where the plaintiff is a nonresident is an absolute one, and does not rest in the discretion of the court. Buckley v. Manufacturing Co., 3 Civ. Proc. R. 429, affirmed 93 N. Y. 637; McDonald v. Peet, 7 Civ. Proc. R. 200. Whether or not a party against ivhom such a motion is made is a nonresident is to be determined from the evidence- submitted, and in this case such evidence was by affidavit. The ordinary rules of evidence governing the testimony of witnesses upon the trial of disputed questions of fact are the same' whether the trial…
2Cases cited3 opinions
- Dietlin v. EganNew York Court of Common Pleas · 1892
- Hurlbut v. Interior Conduit & Insulation Co.The Superior Court of the City of New York and Buffalo · 1894
- Mitchell v. DickThe Superior Court of the City of New York and Buffalo · 1894
3Cited by2 opinions
- Cooke v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Podmore v. Seamen's Bank for SavingsAppellate Terms of the Supreme Court of New York · 1899