Goodrich v. Pendleton
Cases that cite this one
4 later published cases cite this decision.
- Fagan v. Strong (New York Supreme Court 1890)
- Shuttleworth v. Dunlop (New Jersey Court of Chancery 1881)
- Leazar v. Cota (N.H. 1861)
- Evans v. Adams (Ind. 1835)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Both of the objections are well taken. The plaintiff, who sues ,® autre droit, is not responsible for costs, if he fails, except under special circumstances ; and he ought not to be obliged to enter into personal security, in the first instance. The defendant has, moreover, waived his right to such security by his plea. The rule is, that if the non-residence of the plaintiff appears, on the bill, the defendant waives his title to security for costs, if he takes any step in the cause, or even prays time to answer. (2 Vesey, 24. 10 Vesey, jun. 287.) In Long v. Tardy, (1 Johns. Ch. Rep. 202.) a demurrer by the defendant was held to be a waiver.
Motion denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.