Churchman v. Merritt
New York Supreme Court
Appeal from special term, Hew York county; O’Brien, Justice. Action by Anna E. Churchman against Hannah B. Merritt, George Merritt, and Edward H. Brown for the reformation of a bond and mortgage. An order requiring the plaintiff, as a non-resident, to give security for costs, was vacated at special term, and defendants appeal.
1Opinion of the CourtDaniels, J.
The action was commenced on the 20th of June, 1888, and on the 22d day of the same month an order was made upon an affidavit stating the plaintiff to be a resident of the state of Pennsylvania, requiring her to file security for costs. Upon an affidavit showing that her property was situated in this state, and under the control of at least one of the defendants, and afforded ample security for the costs in this action, the order was vacated. The decision vacating the order requiring security to be filed was also based in part upon the authority of Todd v. Marsily, 26 Wkly. Dig. 244. But in…
2Cases cited1 opinion
- Champlin v. PierceNew York Supreme Court · 1830
3Cited by10 opinions
- Sims v. BonnerThe Superior Court of the City of New York and Buffalo · 1891
- Cooke v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Winkley Co. v. Bowen Mfg. Co.U.S. Circuit Court for the District of Northern New York · 1910
- Mitchell v. DickThe Superior Court of the City of New York and Buffalo · 1894
- Scwartz v. ScottNew York Supreme Court · 1895
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