New York Supreme Court, 1891

Gates v. McDonald

New York Supreme Court · Decided June 12, 1891

14 N.Y.S. 907; 39 N.Y. St. Rep. 128; 1891 N.Y. Misc. LEXIS 2557 (New York Supplement)

Counsel

Wales F. Severance, for appellant W. W. McDonald. Henry Yonge, for appellant H. M. McDonald. Hornblower & Byrne, (James Byrne, of counsel,) for respondents.

Opinion of the Court

Per Curiam.

Section 3272 of the Code empowers the court in the first instance to grant simply an order for an undertaking in the sum of $250, or a ■deposit of that amount as security for costs. That section was complied with by the order which was made in the court below, and the power of the court was then exhausted, so far as the original application was concerned. We think, therefore, that the order appealed from should be affirmed, with $10 ■costs and disbursements.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.