Wood v. Blodgett
New York Supreme Court
Appeal from special term, Monroe county. An appeal by the plaintiff from an order of the Monroe special term, denying his motion to vacate an ex parte chamber order granted by a justice of this court requiring the plaintiff, who became a non-resident of the state after the commencement of the action, to file security for costs, as required by Code Civil Proc.
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Appeal from special term, Monroe county. An appeal by the plaintiff from an order of the Monroe special term, denying his motion to vacate an ex parte chamber order granted by a justice of this court requiring the plaintiff, who became a non-resident of the state after the commencement of the action, to file security for costs, as required by Code Civil Proc. N. Y. §§ 3268, 3272, which provide, respectively, that, in certain actions brought in courts of record, defendant may require plaintiff to give security for costs, and that, “where security for costs is required to be given, the court in…
1Opinion of the CourtBarker, P. J.
The defendant, in an action where the plaintiff is a non resident of the state, may require him to give security for costs, as provided in section 3268 of the Code of Civil Procedure. The amount and form of the security is determined by the provisions of section 3272, and the order requiring the security to be given may be granted by the court in which the action is pending, or by a judge thereof, on an ex parte application of the defendant, upon.due proof being made of the necessary facts entitling the defendant to the same. The language employed in section 3272 is mandatory, and admits of…
2Cited by5 opinions
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- Mitchell v. DickThe Superior Court of the City of New York and Buffalo · 1894
- Willson v. EvelineAppellate Division of the Supreme Court of the State of New York · 1899
- Turrell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900