Husted v. Cruikshank — 44 N.Y. St. Rep. 935

Majority

p. 935

Gilbert M. Husted, Resp’t, v. Augustus Cruikshank, as Trustee of the Estate of Benjamin Lord, App’lt.

Headnote

Appeal from an order vacating order for security for costs, and an order denying motion to vacate order for examination of defendant.

A. Edward Woodruff, for resp’t; Edward Van Ness, for app’lt.

We are of the opinion that the plaintiff should be required to file security for costs, and that the order appealed from, relating to such security, should be reversed. „

We are also of the opinion that the order for the examination of the defendant should be reversed, with costs and disbursements to the appellant.

Van Brunt, P. J., and Lawrence, J., concur.