Legal Opinion
Myrus v. Commonwealth Fuel Co.
Appellate Terms of the Supreme Court of New York
Decided January 15, 1923PublishedCited by 2 opinions
1Opinion of the CourtLazansky, J.
The question involved on these appeals is as to the power of the Municipal Court to require security for costs from a plaintiff who resides in the state of New York but without the city. There is no provision in the Municipal Court Code which empowers the court to require security for costs. Section 1522 of the Civil Practice Act (formerly Code Civ. Pro. §§ 3268, 3269) provides in part: “ The defendant in an action brought in a court of record may require security for costs to be given: A. Where the plaintiff, when the action was commenced, either was 1. A person residing without the state;…
2Cases cited7 opinions
- Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916
- Swift v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1845
- Forman v. CampbellDistrict Court, E.D. New York · 1878
- Scheidlinger v. SilberAppellate Division of the Supreme Court of the State of New York · 1916
- Gary v. Chambers Bros. Furriers, Inc.Appellate Terms of the Supreme Court of New York · 1918
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3Cited by2 opinions
- Kreitzer v. Puerto Rico Cars, Inc.District Court, D. Puerto Rico · 1975
- Wolf v. AtkinsonNew York Supreme Court · 1944