Christian v. Gouge

58 How. Pr. 445, 10 Abb. N. Cas. 82

• Court: The Superior Court of New York City
• Decided: February 15, 1880
• Status: Published

Opinion

Sedgwick, J.

The letter and policy of the acts in relation to security to be given by non-resident plaintiffs indicate that it is not unjust or impolitic to refuse leave to a non-resident to sue here, unless he gives security for costs even though, in fact, he is pecuniarily responsible. He must furnish some one who will respond for him in this state. If he cannot, the state does not furnish him means of pursuing a remedy here.

It seems to me inconsistent with this policy that an irresponsible non-resident should be allowed to sue without even a liability for costs.

I am of opinion that the order allowing the plaintiff to sue m forma pauperis should be vacated; but as the action was begun under the order relieving her from costs, &c., she should have an election to discontinue without costs. On this motion she cannot be required to give security.