McNeil v. Merriam
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah McNeil, as administratrix, etc., of Paul McNeil, deceased, from an order of the Supreme Court, made . at the Kings County Special .Term and entered in the office of the clerk of the county of Kings on the 1st day of November, 1900, denying a motion to vacate and set aside an ex parte order directing the plaintiff to give security for costs.
1Opinion of the Court
Woodward, J.:
This action was brought under the provisions of section 1902 of the Code of Civil Procedure for damages for the loss of the life of plaintiff’s husband through the alleged negligence of the defendant. Defendant’s attorney made an ex parte motion before the court at Special Term to compel the plaintiff to give'security for the costs in the action. This motion was granted upon the affidavit of the defendant’s attorney, who, in addition- to the formal averments, states that he has examined the records in the clerk’s office and finds no deposit made or ponds or undertakings filed by…
2Cases cited2 opinions
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
- Fessenden v. BlanchardNew York Supreme Court · 1888
3Cited by7 opinions
- Clarendon v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1907
- Schmalz v. William L. Crow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
- Davidson v. BoseAppellate Division of the Supreme Court of the State of New York · 1900
- Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
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