Hyperlawhypertext legal database Swan v. Mathews 10 N.Y. Super. Ct. 613

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Swan v. Mathews

10 N.Y. Super. Ct. 613 3 Duer 613 Court N.Y. Super. Ct. Decision date 1854-02-09 English

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Majority

p. 613
Swan v. Mathews.

Headnote

When a motion to compel a non-resident plaintiff to file security for costs is unreasonably delayed, it is a matter resting in the discretion of the judge, whether the motion shall be granted or denied.
At Chambers,
Feb. 9, 1854,
before Duer, J.

A motion was made by the defendant to compel the plaintiff, a non-resident, to file security for costs. Meld, that when such a motion is unreasonably delayed, the granting of it rests in the sound discretion of the judge; and it appearing that the cause had been long at issue, and had been several times noticed for trial by the defendant himself, the motion was denied. These acts were construed to be a waiver of the right to demand security. (4 Sand. Ch. R. 311; 1 Duer B. 705.)