O'Brien v. Hearn
U.S. Circuit Court for the District of Southern New York
On Application to Vacate ex Parte Order Directing Plaintiff, a Nonresident, to File Security for Costs.
1Opinion of the Court
LACOMBE, Circuit Judge.
This application is made upon the theory that because defendants did not move at once, but obtained extensions of time to answer, and answered the complaint, they are to be refused the security provided for by the Code on the ground of laches. Neither the Code nor the rules limit the time within which application should be made to require plaintiff to file security for costs. Nevertheless the state courts have adopted the practice of refusing such relief, when there has been delay in making the application. Buckley v. Gutta Percha & Rubber Mfg. Co., 3 Civ. Proc. R. 428;…
2Cases cited2 opinions
- Thomas v. Musical Mutual Protective UnionNew York Supreme Court · 1888
- South Covington & C. St. Ry. Co. v. GestU.S. Circuit Court for the District of Southern Ohio · 1888
3Cited by1 opinion
- Silvas v. Arizona Copper Co.Court of Appeals for the Ninth Circuit · 1915