Morpie v. Manhattan Brass Co.

The Superior Court of New York City

Morpie v. Manhattan Brass Co.

28 Jones & S. 423, 44 N.Y. St. Rep. 834

CourtThe Superior Court of New York City

DecidedMarch 14, 1892

StatusPublished

This text of 28 Jones & S. 423 (Morpie v. Manhattan Brass Co.) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morpie v. Manhattan Brass Co., 28 Jones & S. 423, 44 N.Y. St. Rep. 834 (N.Y. Super. Ct. 1892).

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Opinion

Per Curiam.

The defendant’s right to security for costs depended upon section 3268 Code Civ. Pro., as amended by chapter 170, Laws of 1891. It says that a defendant may require security for costs to be given where the plaintiff is, when the action was commenced, subd. 5, an infant whose guardian ad litem, had not given such security excepting as otherwise provided in [425]*425§§ 459 and 469 of the act. These sections refer to the right of an infant to obtain leave to prosecute as a poor person.

As in this case it did not appear that the guardian ad litem had filed security for costs, or that the plaintiff had obtained leave to sue as a poor person, the defendant’s motion should have been granted. The order appealed from is reversed and defendant’s motion below granted, with $10 costs.

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Per Curiam.

The defendant’s right to security for costs depended upon section 3268 Code Civ. Pro., as amended by chapter 170, Laws of 1891. It says that a defendant may require security for costs to be given where the plaintiff is, when the action was commenced, subd. 5, an infant whose guardian ad litem, had not given such security excepting as otherwise provided in [425]*425§§ 459 and 469 of the act. These sections refer to the right of an infant to obtain leave to prosecute as a poor person.

As in this case it did not appear that the guardian ad litem had filed security for costs, or that the plaintiff had obtained leave to sue as a poor person, the defendant’s motion should have been granted. The order appealed from is reversed and defendant’s motion below granted, with $10 costs.

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Bluebook (online)

28 Jones & S. 423, 44 N.Y. St. Rep. 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morpie-v-manhattan-brass-co-nysuperctnyc-1892.