Keller v. Townsend

Decided October 15, 1877

New York Supreme Court · decided 1877-10-15

Motion by defendant for security for costs. Joseph Keller sued Charles H. Townsend, for $10,000 damages for slander. After the service of the summons and complaint, the defendant, upon affidavits showing the insolvency of the plaintiff, and the existence of unsatisfied judgments against him, and that he was a resident of New Jersey, moved that. he should file a bond for $500, as security for costs.

Relies on Dyer v. Dunivan

Decided 1877-10-15

Barrett, J.

¶1Coryell v. Davis (5 Hill, 559), is inapplicable.* That was a case of bankruptcy, not non-residence. In the latter class of cases there is no statutory limitation. Security is consequently required in all actions where the plaintiff is a non-resident. Upon the facts it is a case for a bond in $400.

¶2Ordered accordingly.

¶3 It was there held that a bankrupt suing for a tort was not required to give security merely because he had been discharged in bankruptcy. In other cases it has been held that the power is inherent in the court, and not limited by the language of the statute (Swift v. Collins, 1 Den. 659; People v. Oneida, 18 Wend. 652; Dyer; v. Dunivan, 3 How. Pr. 135).