Turmelle v. Jefferson

Appellate Terms of the Supreme Court of New York

Turmelle v. Jefferson

166 Misc. 70, 2 N.Y.S.2d 30, 1938 N.Y. Misc. LEXIS 1251

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 14, 1938

StatusPublished

Cited by4 cases

This text of 166 Misc. 70 (Turmelle v. Jefferson) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Turmelle v. Jefferson, 166 Misc. 70, 2 N.Y.S.2d 30, 1938 N.Y. Misc. LEXIS 1251 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

The authority and power of a court of record to require a party to give security for costs is purely statutory and must be found in the statute or it does not exist. There is no provision in the Civil Practice Act or Municipal Court Code whereby [71]*71a non-resident defendant who has set up a counterclaim in his answer can be compelled to give security for costs.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Hammer and Frankenthaler, JJ.

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Per Curiam.

The authority and power of a court of record to require a party to give security for costs is purely statutory and must be found in the statute or it does not exist. There is no provision in the Civil Practice Act or Municipal Court Code whereby [71]*71a non-resident defendant who has set up a counterclaim in his answer can be compelled to give security for costs.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Hammer and Frankenthaler, JJ.

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Bluebook (online)

166 Misc. 70, 2 N.Y.S.2d 30, 1938 N.Y. Misc. LEXIS 1251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turmelle-v-jefferson-nyappterm-1938.

Opinion

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