Clarendon v. Milliken Bros.
Appellate Division of the Supreme Court of the State of New York
" Appeal by the defendant from an order of the Supreme Court, entered in the office of the clerk of the county of Richmond on the 17th dajr of October, 1906.
1Opinion of the Court
Jerks, J. :
I agree with Barrett, J., inz Pursley v. Rodgeis (44 App. Div. 139) that this plaintiff was not required absolutely "to give security for costs under section 3268 of the Code of Civil Procedure. Under1 section 3271 of that.Code it was a matter of discretion with the court, and I think that its order should not t be disturbed inasmuch as it is within tfie rule which we laid down in McNeil v. Merriam (57 App. Div. 164) and Davidson v. Bose (Id. 212), per Woodward, J.: “ The court is not justified in extending its discretion to a case of this character, unless it is manifest that…
2Cases cited2 opinions
- Pursley v. RodgersAppellate Division of the Supreme Court of the State of New York · 1899
- McNeil v. MerriamAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Schmalz v. William L. Crow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Slutzky v. Aron Estates Corp.New York Supreme Court · 1993
- Oliva v. D'AmatoNew York Supreme Court · 1950
- Smiley v. FinucaneNew York Supreme Court · 1911
- Dauphin Deposit Trust Co. v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Supreme Court · 1960