Smith v. Norval

Decided July 15, 1849

The Superior Court of New York City · decided 1849-07-15

The plaintiffs were non-resident. The condition of the bond filed was, that if the plaintiffs should pay to the defendant the costs which he might recover in the suit, the bond should be void.

Cited by 2 later decisions — most recently February 1906

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-07-15

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By the Court. Oakley, Ch. J.

¶1The statute prescribes that security for costs shall be given in the form of a bond in the penalty of at least $250, <fcc., “ conditioned to pay, on demand, all costs that may be awarded to the defendant in such suit.” (2 R. S. 620, § 4.) This bond, it is true, does not pursue the language of the statute, but so far as it differs, it is more favorable to the defendant than the form prescribed. The obligors will be liable immediately, if the defendant’s costs are not paid as soon as he obtains a judgment. The spirit of the statute is fully carried out by this condition, and we think it a sufficient compliance.

¶2Order affirmed.