Boucher v. Pia 8 Bosw. 691, 21 N.Y. Super. Ct. 691

Jacques L. Boucher, Plaintiff and Appellant, v. Peter Pia, Defendant and Respondent.

1. It was decided, in this case, that a motion for security for costs, made by the defendant three days after he first ascertained that plaintiff was a nonresident, is made in season, though after trial.

2. In an action brought by a non-resident to recover possession of specific personal property, the giving of an undertaking, under § 209 of the Code, which is not under seal, and is not shown to be for the amount of §250 or upwards, does not supersede the liability of the plaintiff to be required to give security for costs on account of his being a non-resident.

(Before Bosworth, Ch. J., and Woodruff, Robertson and White, J. J.,)

Heard at General Term, October 5;

decided, October 12,1861.