Schreier v. Hogan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William F. Hogan, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day of January, 1902, vacating an order theretofore entered in the action requiring the plaintiff to give security for costs.
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Appeal by the defendant, William F. Hogan, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 8th day of January, 1902, vacating an order theretofore entered in the action requiring the plaintiff to give security for costs. Section 3268 of the Code of Civil Procedure, which is referred to in the-opinion, provides as follows: “ The defendant in an action brought in a court of record, may require security for 'costs to be given as prescribed in this title, where the plaintiff was when the action was'…
1Per curiam
- The order requiring security for costs was properly vacated. Section 3268 of the Code of Civil Procedure does not apply to an action by a trustee in bankruptcy to set aside transfers made by the bankrupt. This precise question was determined by this court in Rielly v. Rosenberg (57 App. Div. 408), and, therefore, upon that authority, the order here appealed from must be affirmed, with ten dollars costs and disbursements.
Present — Van Brunt, P. J., Ingraham, McLaughlin, Hatch and Laughlin, JJ.
Order affirmed, with ten dollars costs and disbursements.
2Cases cited1 opinion
- Rielly v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Kelley v. KremerAppellate Division of the Supreme Court of the State of New York · 1902
- Kronfeld v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1903
- Riker v. GwynneNew York Supreme Court · 1908
- Joseph v. MakleyAppellate Division of the Supreme Court of the State of New York · 1902