Swift v. Collins

Court for the Trial of Impeachments and Correction of Errors

Swift v. Collins

1 Denio 659

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedSeptember 15, 1845

StatusPublished

Cited by13 cases

This text of 1 Denio 659 (Swift v. Collins) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Swift v. Collins, 1 Denio 659 (N.Y. Super. Ct. 1845).

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Opinion

By the Court, Beardsley, J.

It is not necessary to inquire whether this case is within the words of the statute, (2 R. S. 619, tit. 2, § 1,) for the power to require security for costs is inherent in the court. (The People v. Oneida C. P., 18 Wend. 652.)

The real plaintiff in this case is beyond the jurisdiction of the court, and the nominal plaintiffs are insolvent. He should not he allowed to sue in their names, for his own benefit, without ■giving adequate security to pay costs if the defendants succeed in their defence.

Motion granted.

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By the Court, Beardsley, J.

It is not necessary to inquire whether this case is within the words of the statute, (2 R. S. 619, tit. 2, § 1,) for the power to require security for costs is inherent in the court. (The People v. Oneida C. P., 18 Wend. 652.)

The real plaintiff in this case is beyond the jurisdiction of the court, and the nominal plaintiffs are insolvent. He should not he allowed to sue in their names, for his own benefit, without ■giving adequate security to pay costs if the defendants succeed in their defence.

Motion granted.

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Bluebook (online)

1 Denio 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swift-v-collins-nycterr-1845.

Opinion

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