Sayles v. Kelley — 125 N.Y.S. 1142

Majority

p. 1142

SAYLES, Appellant, v. KELLEY, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

October 12, 1910.)

Headnote

Action by Burton E. Sayles, as executor, etc., of Louisa Sayles, deceased, against William T. Kelley. «

Order requiring plaintiff to give security for costs affirmed without costs of this appeal to either party. Order dismissing the complaint because of failure to give security for costs affirmed, with $10 costs and disbursements. In view of the affirmance of the previous orders, it is unnecessary to pass upon the appeal from the order directing the plaintiff to pay costs of former action. See, also, 134 App. Div. 957 , 118 N. Y. Supp. 1139 ; also, infra.