Hyperlawhypertext legal database Boucher v. Pia 21 N.Y. Super. Ct. 691

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Boucher v. Pia

21 N.Y. Super. Ct. 691 8 Bosw. 691 Court Heard at General Term, October 5; Decision date 1861-10-12 English

Judges (Before Bosworth, Ch. J., and Woodruff, Robertson and White, J. J.,)

Contents

Majority

p. 691
Jacques L. Boucher, Plaintiff and Appellant, v. Peter Pia, Defendant and Respondent.

Headnote

1. It was decided, in this case, that a motion for security for costs, made by the defendant three days after he first ascertained that plaintiff was a nonresident, is made in season, though after trial.
2. In an action brought by a non-resident to recover possession of specific personal property, the giving of an undertaking, under § 209 of the Code, which is not under seal, and is not shown to be for the amount of §250 or upwards, does not supersede the liability of the plaintiff to be required to give security for costs on account of his being a non-resident.
(Before Bosworth, Ch. J., and Woodruff, Robertson and White, J. J.,)
Heard at General Term, October 5;
decided, October 12,1861.

See the points decided, in the index to this volume, under the title, “Practice—Motion—Security for Costs.” And see the appeal from an order reported, at length, with the opinion of the Court at General Term, in 14 Abb. Pr. R., 1.