Karns v. W. L. Imlay Rapid Cyanide Process Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. Suit by B. E. Karns against the W. L,. Imlay Rapid Cyanide Process Company and others. On motion that plaintiff enter security for costs.
1Opinion of the Court
J. B. McPHERSON, District Judge.
The Circuit Court of this district has no general rule requiring a nonresident plaintiff in equity to enter security for costs, although such a rule exists on the law side of the court. Neither has the subject been dealt with either by a rule of the Supreme Court or a federal statute, or by an act of assembly in Pennsylvania or a rule of the appellate court of the state. The authority of the Circuit Court to require the security must therefore be found, if anywhere, in the ancient ,and established practice of the English chancery and of our own equity…
2Cited by5 opinions
- Long v. StitesCourt of Appeals for the Sixth Circuit · 1933
- Cavicchi v. Mohawk Mfg. Co.District Court, S.D. New York · 1939
- Leake v. New York Cent. R. Co.District Court, N.D. New York · 1939
- Wolf v. AtkinsonNew York Supreme Court · 1944
- Peltz v. Carolina Bagging Co.District Court, S.D. New York · 1941