Swan v. Mathews

3 Duer 613
CourtThe Superior Court of New York City
DecidedFebruary 9, 1854
StatusPublished
Cited by3 cases

This text of 3 Duer 613 (Swan v. Mathews) 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
Swan v. Mathews, 3 Duer 613 (N.Y. Super. Ct. 1854).

Opinion

A motion was made by the defendant to compel the plaintiff, a non-resident, to file security for costs. Meld, that when such a motion is unreasonably delayed, the granting of it rests in the sound discretion of the judge; and it appearing that the cause had been long at issue, and had been several times noticed for trial by the defendant himself, the motion was denied. These acts were construed to be a waiver of the right to demand security. (4 Sand. Ch. R. 311; 1 Duer B. 705.)

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Related

Gifford v. Rising
55 N.Y. Sup. Ct. 128 (New York Supreme Court, 1888)
Shuttleworth v. Dunlop
34 N.J. Eq. 488 (New Jersey Court of Chancery, 1881)
Lewis v. Farrell
14 Jones & S. 358 (The Superior Court of New York City, 1880)

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Bluebook (online)
3 Duer 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swan-v-mathews-nysuperctnyc-1854.