Forman v. Campbell
This text of 9 F. Cas. 450 (Forman v. Campbell) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The power to stay proceedings till security for costs shall be filed, is a power inherent in every court, and may be exercised independently of any statute. Swift v. Collins, 1 Denio, 659; People v. Oneida Common Pleas, 18 Wend. 652.
This power may properly be exercised in a case like this, where an assignee in bank ruptcy, who is substantially without funds belonging to the estate, is prosecuting an expensive litigation. He may well call upon the creditors who are to reap the benefit of tiie litigation if it succeed to furnish him security to pay the costs of the litigation !f it should fail.
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Cite This Page — Counsel Stack
9 F. Cas. 450, 9 Ben. 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forman-v-campbell-nyed-1878.