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11 Paige Ch. 383

Mount v. Mount

New York Court of Chancery

Decided December 3, 1844

New York Court of Chancery · decided 1844-12-03

This was an appeal, from the decision of a vice chancellor, in relation to the amount in which the sureties of the next friend should justify, upon an order requiring him to give security for costs.

Decided 1844-12-03

The Chancellor

¶1decided that, under the existing laws' relative to the exemption of property from execution, a person who was not worth more than $250 was not good security for costs. He said that where a bond for costs in the penalty of $250 was required, the sureties, respectively, should be required to justify in double- that amount-; to render it probable- that the amount of the penalty of the bond could be collected of either or both of the sureties upon execution.

¶2Order accordingly.

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