Swan v. Mathews
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.
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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3 Duer 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swan-v-mathews-nysuperctnyc-1854.