Gelch v. Barnaby

—The defendants move for an order that plaintiff'file security for costs, on the ground that she has become a resident of Hew Jersey since the action was commenced. The motion is opposed on the ground that this action is brought to recover possession of personal property, and that plaintiff gave an undertaking with sureties, such as is prescribed by section 209 of the Code. To this it is answered, that the defendants required and obtained a return of the property by executing with sureties such an undertaking as is provided for by section 211 of the Code.

The Supreme Court held in Rogers a.…