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16 F. Cas. 13

McCutchen v. Hilleary

U.S. District Court

Decided July 15, 1804

U.S. District Court · decided 1804-07-15

<p>Case No. 8,742.</p> <p>Costs — Security for — Party Removed from District.</p> <p>The defendant may require security for costs, from a plaintiff who has removed from the district since the commencement of the action.</p>

Decided 1804-07-15

¶1Assault and battery. The defendant [Nicholas Hilleary] stated that since the bringing this suit the plaintiff [James McCutchen] had removed from the district to Philadelphia, and has there fixed his residence, &e. Motion by the defendant’s counsel to lay a rule on the plaintiff to give security for costs. Granted.

KILTY, Chief Judge, doubting.
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