Venanzio v. Weir

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1901

Appellate Division of the Supreme Court of the State of New York · decided 1901-10-15

Appeal by the plaintiff, Coceo Yenanzio, by his guardian ad. litem, Salvatore Yenanzio, from an order of the Supreme Court, made at the Kings County -Special Term and entered in the office of the clerk of the county of Kings on the 18th day of February, 1901, denying the plaintiff’s motion to set aside an order theretofore entered in the above-entitled action, requiring him to furnish security for costs.

Relies on Barbier v. Connolly · Conley v. Woonsocket Institution for Savings

Decided 1901-10-15

Jenks, J.:

¶1The sole ground of the motion was that section 3268 of the Code of Civil Procedure violates the fourteenth amendment of the Con*484stitution of the United States of America. This amendment merely requires that all persons subjected to legislation shall receive' like treatment -under■like, -circumstances'- and. conditions.■.' OMss legislation discriminating! against some and favoring others is prohibited ; but legislation which, carrying out a public purpose; is limited in its application,' if within the sphere of its -operation it affects alike all persons similarly situated, is not within the amendment. (Barbier v. Connolly, 113 U. S. 27, 32; Missouri v. Lewis, 101 id. 22; Hayes v. Missouri, 120 id. 68; Conley v. Woonsocket Institution for Savings, 11 R. I. 147.)

¶2The order should be affirmed, without costs.

¶3Goodrich, P. J., Woodward, Hirschberg and Sewell, JJ., concurred.

¶4Order affirmed, without costs.