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8 Abb. Pr. 340

Ambler v. Ambler

New York Supreme Court

Decided February 15, 1859

New York Supreme Court · decided 1859-02-15

Motion that plaintiff be required to file security for costs. The motion was resisted on the ground that the plaintiff, though a non-resident at the time of commencing his action, had since become a resident.

Cited by 2 later decisions — most recently May 1922

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-02-15

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Roosevelt, J.

¶1In this case, when the summons was issued, the plaintiff was not “ residing within the jurisdiction of the court.” He was therefore bound to file security for costs, and even if he afterwards changed his residence, the law makes no exception in that case. It looks to the state of things existing “ at the commencement of the suit,” unless where a plaintiff *341resident afterwards becomes a non-resident. No provision is made for a plaintiff non-resident afterwards becoming resident. That change, therefore, even if it occurred in this case, which is by no means clear, would not relieve the plaintiff.

¶2Ordered that security be filed, and that all proceedings on the part of the plaintiff be stayed until it be done, and until the sureties, if excepted to, justify according to the statute.

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