109 N.J. Eq. 418 | N.J. Ct. of Ch. | 1932
Complainant is a non-resident. Defendant New York Life Insurance Company has applied for security for costs. At the return of an order to show cause defendant Mary E. Lewis also applied for like security. Complainant's non-residence appearing on the face of the bill, defendants are entitled.
The only controversy arises from the claim of complainant that he desires to deposit cash in lieu of a bond and objects *419 to making a separate deposit of the statutory $150 for each of the two defendants who have applied.
The right of the court of chancery to require security for costs to be given by a non-resident complainant is not dependent upon our statute. It was an ancient and well established rule in the court of chancery of England, existing independently of any statute, that if a complainant should reside abroad the court would order him to give security for costs upon an application for that purpose being made in behalf of one or more defendants. That ancient power of the court is recognized in Newman v.Landrine,