Dwyer v. McLaughlin
City of New York Municipal Court
Appeal from an order requiring plaintiff to file security for costs.
1Opinion of the CourtMcCarthy, J.
This .appeal is one from an order requiring the plaintiff or his guardian ad litem to file security for costs; and the Only question involved is, admitting that the defendant has the right at first to require the plaintiff, or his guardian ad litem, to file security for costs, yet where the defendant has been guilty of laches,, in such, requirement, and fails to explain such delay or laches, does the defendant lose such right, and thus waive any claim to require the plaintiff to give such security?
We think the defendant in this case has done so. The defendant claims the right to security for…
Also in this document: Concurrence.
2Cases cited2 opinions
- Henderson, Hull & Co. v. McNallyAppellate Division of the Supreme Court of the State of New York · 1898
- Smith & Briggs Brass Works v. KahnCity of New York Municipal Court · 1896
3Cited by2 opinions
- Tedeschi v. Bacigalupo, New York County Courts1915
- Knaggs v. EastonCity of New York Municipal Court · 1907