Willmont v. Meserole
The Superior Court of New York City
Alfred H. Willmont, a non-resident, brought this action in this court against Cornelius M. Meserole and others. The defendant named obtained an order requiring the plaintiff to file security for costs in the sum of five hundred dollars. Within the time limited by the order, the plaintiff caused a bond to be executed by N. McG-regor Steele as surety, which was conditioned that said Steele would pay all costs which might be awarded to the defendant in the action.
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Alfred H. Willmont, a non-resident, brought this action in this court against Cornelius M. Meserole and others. The defendant named obtained an order requiring the plaintiff to file security for costs in the sum of five hundred dollars. Within the time limited by the order, the plaintiff caused a bond to be executed by N. McG-regor Steele as surety, which was conditioned that said Steele would pay all costs which might be awarded to the defendant in the action. The defendant received a judgment for costs amounting to upwards of fourteen hundred dollars.' Upon an affidavit that Steele, the…
1Opinion of the Court
Moitell, Oh. J.
This is a proceeding against Mr. Steele, as an attorney-at-law, and therefore an officer of the court, but not as the attorney of record in the action, to enforce some duty which it is claimed the law imposes upon him as such officer.
Under the statute (2 R. S., 620, § 7), an attorney prosecuting an action for a non-resident plaintiff, is liable for costs to an amount not exceeding one hundred dollars; and it is settled that such liability can be enforced summarily by order (Jones v. Savage, 10 Wend. 621 ; Sigourney v. Waddle, 9 Paige, 381). The attorney, however, may relieve…
2Cases cited5 opinions
- In Re John PercyNew York Court of Appeals · 1867
- Jones & Mann v. SavageNew York Supreme Court · 1834
- Walker v. Holmes & LaunitzNew York Supreme Court · 1840
- C. & C. H. Sigourney v. WaddleNew York Court of Chancery · 1841
- Ryckman v. ColemanNew York Supreme Court · 1861