Price v. Betts

Citations

• 6 Paige Ch. 44
• 1836 N.Y. LEXIS 209
• 1836 N.Y. Misc. LEXIS 82

Syllabus

<p>Where a non-resident complainant gives notice of a special application to the court, and before the time for making such application arrives the adverse party obtains an order that all proceedings on the part of the complainant be stayed until security for costs is filed, the application cannot be made until such security is given. And if the complainant wishes to be excused from paying the costs of opposing the application, he should appear at the day appointed and ask to have the application stand over until he has time to file security for costs; or he may give the security and then make the application at the time specified in his original notice.</p> <p>An order to stay proceedings on the part of the complainant until security for costs is filed, only operates upon him; but does not prevent the defendant from taking any steps to terminate the suit in the mean time, or to resist an application of which previons notice has been given by his adversary.</p>