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Wagner v. Adams

1 How. Pr. 191 Court N.Y. Sup. Ct. English

Delivered by Jewett, Justice.

Contents

Majority

p. 191
John I. Wagner vs. Henry Adams.

Headnote

It is not necessary that the plaintiff should himself execute a bond for security for costs, two sufficient sureties will do.
Motion by defendant to set aside or vacate the bond filed in this cause for security for costs—The plaintiff was a non resident, and the bond filed was executed by two persons without the plaintiff.
H. Adams, Defts Counsel. Lobdell and Adams, Defts Attys.
J. Newland, Tiffs Counsel. Hammond and Bates, Tiffs Attys.
p. 192
with one or more sureties. J. Newland for plaintiff, cited 2 R. S., 575, § 4; 4 Paige, 273, showing that the plaintiff need not join in the bond*

It is not necessary that the plaintiff should himself execute the bond, when he does not, two sufficient sureties must do so.

The motion was disposed of on other points.