53 N.Y.S. 351 | N.Y. App. Div. | 1898
Lead Opinion
After procuring one extension of time the defendant McNally,, upon the 20th day of May, 1898, served his answer. The other-defendants defaulted in pleading. Upon the 23d day of May, 1898, the case was noticed for trial by the plaintiff and also by the defend-:
The order appealed from should, therefore, be reversed, with ten dollars costs and disbursements of the appeal, and the motion denied, with ten dollars costs..
Van Brunt, P. J., Ingraham and McLaughlin, JJ., concurred.
Concurrence Opinion
I concur in the result of this opinion. because the rule therein stated seems to have been adopted in this department, and the question whether an application to compel a plaintiff to give -security for costs can be made after answer is not an open one.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.