Fogg v. Edwards

Decided January 15, 1878

New York Supreme Court · decided 1878-01-15

This is an appeal from an order of Mr. justice Donohue, sitting at special term, denying a motion for additional security for costs, on the part of plaintiff, who was a non-resident, under chapter '305, Laws of 1875, section 4. At the commencement of the action defendant obtained an order requiring plaintiff to file security for costs, as a nonresident, and, pursuant to that order, the plaintiff filed such security in the sum of $250.

Cited by 2 later decisions — most recently February 1921

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-01-15

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Brady, J.

¶1Upon an examination of the statute of 1875, chapter 305, amendatory of the provisions of the Revised Statutes in relation to security for the payment of costs, we are satisfied that it should be liberally construed to accomplish the object in view when it was passed.

¶2We think, under all the circumstances disclosed by the papers submitted for consideration, that the security should be increased $500 by an additional bond to that effect.

¶3The order appealed from should be reversed and an order entered in accordance with this opinion, with ten dollars costs and disbursements to abide the event of the action.

¶4Davis, P. J., concurring