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166 Misc. 70

Turmelle v. Jefferson

Appellate Terms of the Supreme Court of New York · decided 1938-01-14

Good law ✅— No negative treatment on recordhow we know

Decided 1938-01-14

How this case has been cited

Cited by 4 later decisions — most recently May 1970

4 state decisions

2019381940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The authority and power of a court of record to require a party to give security for costs is purely statutory and must be found in the statute or it does not exist. There is no provision in the Civil Practice Act or Municipal Court Code whereby *71a non-resident defendant who has set up a counterclaim in his answer can be compelled to give security for costs.

¶2Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

¶3All concur. Present — Lydon, Hammer and Frankenthaler, JJ.

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