Wicker v. Village of Elmira Heights
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Elmira Heights, from an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the clerk of the county of Chemung on the 6th day of March, 1899, vacating an order made by a judge at Chambers requiring the plaintiff to file security for costs, on the ground that she was a non-resident.
1Opinion of the Court
Per Curiam :
The statement in the moving affidavit, that the plaintiff was not a resident of this State when the action was commenced, but was at that time a resident of Chicago, although made by the defendant’s attorney, is a positive statement. It does not assume to be made on information and belief, but is rather in the form of one who speaks from personal knowledge of the fact, and one upon which perjury might be predicated if the statement is not true. Neither does the following statement, that the defendant, or its attorneys, had only recently learned of that fact, indicate that such…
2Cases cited2 opinions
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Lacker v. DreherAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- G & T Terminal Packaging Co. v. Joe Phillips, Inc.District Court, S.D. New York · 1985
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Denison v. DenisonNew York Supreme Court · 1914
- Knaggs v. EastonCity of New York Municipal Court · 1907
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