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Enderlein v. Coghlan

102 N.Y.S. 467 Court N.Y. App. Term Decision date 1907-02-04 English

Contents

Majority

p. 467
(52 Misc. Rep. 658)
ENDERLEIN v. COGHLAN.
(Supreme Court, Appellate Term.
February 4, 1907.)

Headnote

Courts—Municipal Courts—Appeal—Decision Reviewable—Motion fob Security fob Costs.
An order of the Muneipal Court, denying a motion to compel a nonresident plaintiff to give security for costs, is not appealable.
Appeal from Municipal Court, Borough of Manhattan, Tenth District.
Action by Edward H. Enderlein against William E. Coghlan. Defendant appeals from a.n order of the Municipal Court of the city of New York. Appeal dismissed.
Argued before GIEDERSEEEVE, BEANCHARD, and DAYTON, JJ.
John G. Snyder, for appellant.
James E. Duross, for respondent.

Defendant appeals from an order of the Municipal Court denying his motion to compel the plaintiff, a nonresident, to give security for costs. The order is not an appealable one. White v. Lawyers’ Surety Co. (Sup.) 84 N. Y. Supp. 247 .

Appeal dismissed, with $10 costs.