Gilbert v. B. & B. F. Gilbert

New York Court of Chancery

Gilbert v. B. & B. F. Gilbert

2 Paige Ch. 603, 1831 N.Y. LEXIS 254, 1831 N.Y. Misc. LEXIS 43

CourtNew York Court of Chancery

DecidedMarch 15, 1831

StatusPublished

Cited by4 cases

This text of 2 Paige Ch. 603 (Gilbert v. B. & B. F. Gilbert) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gilbert v. B. & B. F. Gilbert, 2 Paige Ch. 603, 1831 N.Y. LEXIS 254, 1831 N.Y. Misc. LEXIS 43 (N.Y. 1831).

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Opinion

The Chancellor.

This is an application for security for costs. The affidavit on the part of the defendants is positive that the complainant is insolvent, and has removed from the state with his family. On the other side, the solicitor swears he is confident that the complainant intends to return to the state, and that his absence is temporary. He has, for the present, changed his actual residenqe; and, as it is evident, from the bill itself, that the suit is carried on for the benefit of his creditors, there is no reason why they should [604]*604be permitted to carry on this suit in the name of a man who is, for the time at least, a non-resident and an insolvent, without security for costs.- He must, within thirty days, given security by a bond, in the penalty of $250, with two sufficient sureties, to be approved of by the register and filed in his office; and in default thereof, the bill must be dismissed, with costs. In the mean time, all proceedings on the part of the complainant must be stayed. (1 Sim. & Stu. R. 348. 1 Paige’s R. 644. 4 Dow. & Ry. R. 81.)

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The Chancellor.

This is an application for security for costs. The affidavit on the part of the defendants is positive that the complainant is insolvent, and has removed from the state with his family. On the other side, the solicitor swears he is confident that the complainant intends to return to the state, and that his absence is temporary. He has, for the present, changed his actual residenqe; and, as it is evident, from the bill itself, that the suit is carried on for the benefit of his creditors, there is no reason why they should [604]*604be permitted to carry on this suit in the name of a man who is, for the time at least, a non-resident and an insolvent, without security for costs.- He must, within thirty days, given security by a bond, in the penalty of $250, with two sufficient sureties, to be approved of by the register and filed in his office; and in default thereof, the bill must be dismissed, with costs. In the mean time, all proceedings on the part of the complainant must be stayed. (1 Sim. & Stu. R. 348. 1 Paige’s R. 644. 4 Dow. & Ry. R. 81.)

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Bluebook (online)

2 Paige Ch. 603, 1831 N.Y. LEXIS 254, 1831 N.Y. Misc. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-b-b-f-gilbert-nychanct-1831.

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