22 Wend. 614
Decided June 15, 1840
New York Supreme Court · decided 1840-06-15
The plaintiff being a non-resident, the defendants obtained an order that he file security for costs. 2 R. S. B20, tit. 2, The plaintiff’s attorney became surety by executing the proper bond, and justifying pursuant to the statute. The defendants now moved for judgment of non-pros, on the ground that an attorney cannot become such surety, and likened it to the case of special bail.
Decided 1840-06-15
¶1By the Court,
¶2The practice on requiring
¶3security for costs has been regulated by statute, and it is enough that the plaintiff has complied with the statute by executing a bond with a sufficient surety, and the surety has justified. See Barnett v. Pardow, 10 Wendell, 615.
¶4Motion denied.