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New York Supreme Court, 1876

Morten v. Domestic Telegraph Co.

Morten v. Domestic Telegraph Co.
New York Supreme Court · Decided November 15, 1876 · Lawrence
1 Abb. N. Cas. 290

Counsel

Charles Edward Souther, for the motion., A. W. Holmes, opposed.

Morten v. Domestic Telegraph Co.

Opinion of the Court

Lawrence, J.

I think that section 2 of the Revised Statutes, part 3, chapter 10, title 2, contemplates an actual removal by the plaintiff, after the commencement of the action, before he can be compelled to file security for costs (see Gilbert v. Gilbert, 2 Paige, 603).

Motion deMed.

Ho appeal was taken.

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