Coe v. Champlain Graphite Co.
Appellate Division of the Supreme Court of the State of New York
Appeal hy William F. Schneider, as county clerk, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York .on the 12th day of November,. 1912, directing the said county clerk to file and enter, without the payment of a fee, an order requiring the plaintiff to give security for costs. '
1Opinion of the Court
McLaughlin; J.:
Upon motion of the defendant the plaintiff was directed - either to pay into court the sum of $250, to be applied to the payment of costs, if any^ which might be awarded against him, or at his election give an undertaking in a like sum for the same purpose. The clerk of the court,, who-is also county clerk of the county óf New York, refused to file or enter such order unless he weré paid a fee of fifty . cents for so doing. Defendant then moved that he be directed to file such order without the payment, of any fee. The motion was granted and the clerk appeals.
He contends that…
2Cases cited1 opinion
- In re MurphyAppellate Division of the Supreme Court of the State of New York · 1912