Gage v. Peetsch

City of New York Municipal Court

Gage v. Peetsch

12 Misc. 548, 34 N.Y.S. 20, 67 N.Y. St. Rep. 875

City of New York Municipal Court·Decided May 15, 1895·Published

Opinion

Oonlan, J.

This is an appeal from an order requiring the plaintiff, as a nonresident, to give security for costs pending appeal.

The moving papers fail»to show affirmatively that the plaintiff has not an office for the regular transaction of business, within the city of Hew York.

The order must, therefore, be reversed, with costs, on the authority of Stephenson v. Hanson, 4 Civ. Proc. Rep. 104.

Fitzsimons, J., concurs.

Order reversed, with costs.

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Oonlan, J.

This is an appeal from an order requiring the plaintiff, as a nonresident, to give security for costs pending appeal.

The moving papers fail»to show affirmatively that the plaintiff has not an office for the regular transaction of business, within the city of Hew York.

The order must, therefore, be reversed, with costs, on the authority of Stephenson v. Hanson, 4 Civ. Proc. Rep. 104.

Fitzsimons, J., concurs.

Order reversed, with costs.

Gage v. Peetsch, 12 Misc. 548, 34 N.Y.S. 20, 67 N.Y. St. Rep. 875 (N.Y. Super. Ct. 1895).

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