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1 Cow. 60

Anonymous

New York Supreme Court

Decided May 15, 1823

New York Supreme Court · decided 1823-05-15

Hopkins, for the defendant, moved that all the proceedings on the part of the plaintiff he staid, until security for costs should be given. The plaintiff was a convict in the state . . , , r , r pnson, lor grand larceny, for a term oí years,

Decided 1823-05-15

Curia.

¶1This is not necessary, on an application requiring the plaintiff to give security for costs, x

¶2Seelye, said the rule, requiring security, applies only to cases of absence from the state. (Pfister & M'Comb v. Gillespie, 2 John. Cas. 109.)

Curia.

¶3We consider this application as standing upon the same ground/ The plaintiff is equally out of the reach of execution, as if absent from the state,

¶4Motion granted.

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