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1 How. Pr. 191

Wagner v. Adams

New York Supreme Court

Decided June 15, 1845

New York Supreme Court · decided 1845-06-15

Motion by defendant to set aside or vacate the bond filed in this cause for security for costs—The plaintiff was a non resident, and the bond filed was executed by two persons without the plaintiff.

Decided 1845-06-15

¶1H. Adams for defendant, persisted that the statute on this subject should be construed as requiring the plaintiff himself to execute the bond *192with one or more sureties. J. Newland for plaintiff, cited 2 R. S., 575, § 4; 4 Paige, 273, showing that the plaintiff need not join in the bond*

Jewett, Justice.

¶2It is not necessary that the plaintiff should himself execute the bond, when he does not, two sufficient sureties must do so.

¶3The motion was disposed of on other points.

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