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Home > Law > Jurisprudence and general issues > The Code of Procedure of the State of New York, as Amended to 1866, with Notes and Index; Also Additional Notes of the Decisions to 1865
The Code of Procedure of the State of New York, as Amended to 1866, with Notes and Index; Also Additional Notes of the Decisions to 1865

The Code of Procedure of the State of New York, as Amended to 1866, with Notes and Index; Also Additional Notes of the Decisions to 1865


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867. Excerpt: ... security for costs, after judgment against him and after, he has appealed such judgment (Banney v. Stringer, 4 Boaw. 668). a. It was held by Mitchell, J. in Abbott v. Smith (8 How. 4631; that an order for security for costs might be made after defendant's time to answer had expired but before judgment was entered. e. After a decision overruling a demurrer to the complaint with leave to the defendant to answer on payment of costs, the defendant is not in a condition, at least until by payment of costs he has put himself in a position to be permitted to answer, to require the plaintiff to tile security for costs (Butler v. Wood, 10 How. 814)! d. The motion should be made so as not to improperly delay the plaintiff in the prosecution of his action, or the motion will be denied with costs (6 Hill, 234). e. Form of the order.--When the application is to a judge at chambers, the order should be in the alternative, requiring security to be filed in twenty days, or that the plaintiff show cause why such security should not be filed, at the next special term thereafter, with a stay of proceedings in the mean time; if made otherwise it might be irregular (Bronson v. Freeman, 8 How. 293; CadtseU v. Manning, 12 Abb. 271; 24 How. 38; Volt v. Wheeler, 12 Abb. 388). /. Effect of the order.--An order requiring plaintiff to file security for costs, and staying his proceedings until the security shall be filed, and the sureties justify, does not operate as an extension of the time to answer (White v. 8mith, 16 Abb. 103, 'note). g. After an order to file security, or show cause, with a stay of proceedings in the mean time, the defendant cannot move to dismiss the complaint for want of prosecution of the action, because plaintiff did not, pending the stay, notice the cause f...


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Product Details
  • ISBN-13: 9781235633126
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 590
  • Spine Width: 30 mm
  • Width: 189 mm
  • ISBN-10: 1235633128
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1092 gr


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The Code of Procedure of the State of New York, as Amended to 1866, with Notes and Index; Also Additional Notes of the Decisions to 1865
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The Code of Procedure of the State of New York, as Amended to 1866, with Notes and Index; Also Additional Notes of the Decisions to 1865
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