McKeaggan v. Post & McCord
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Post & McCord, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clei'k of the county of Hew York on the 30th day of Hovember, 1906, denying the defendant’s motion for an order requiring the plaintiff tó file security for costs.
1Opinion of the Court
McLaughlin, J.:
This action is brought to recover daihages alleged to have been sustained by the widow and next of kin by reason of the death of plaintiff’s intestate. Before answering the defendant made a motion to compel the plaintiff to file security for costs. The motion was denied and defendant has appealed.
The facts set out in the moving papers were' uncontradicted and were to the effect that the plaintiff and all of the next of kin for some time prior to and at the time of the commencement of the action were residents of Chelsea, Mass.; and there was no property within the State of Hew…
2Cases cited1 opinion
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Schmalz v. William L. Crow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Smiley v. FinucaneNew York Supreme Court · 1911
- Maxwell v. KleinCity of New York Municipal Court · 1934