Opinion
01-21-1936
SPEAKMAN et al. v. INTERNATIONAL PULVERIZING CORPORATION et al.
Joseph Beck Tyler, of Camden, for complainants. Louis B. Le Due, of Camden, for defendants.
Syllabus by the Court.
In the Court of Chancery, a nonresident complainant joined with a resident complainant is not required to give security for costs. Jones v. Knauss, 33 N.J.Eq. 188, followed.
In the case of Jones v. Knauss, 33 N.J. Eq. 188, Vice Chancellor Van Fleet held that a nonresident complainant will not be required to give security for costs if he is joined with a resident complainant, which practice seems to have been followed in this court.
The statute in effect at the time Vice Chancellor Van Fleet wrote his opinion in Jones v. Knauss, supra, was section 17 of the Chancery Act (Revision of 1875, Revision of N.J. 1877, p. 106). This latter statute, so far as the question to be determined is concerned, is identical with the present statute. In support of the motion, the defendants have cited the recent cases of Kearney v. Baptist (Cir.Ct. 1932) 159 A. 405, 10 N.J.Misc. 431, and Marino v. Shiff Realty Co. (Common Pleas, Union County, 1933) 164 A. 577, 11 N.J. Misc. 96, construing section 204 of the Practice Act (Revision of 1903), 3 Comp. St.1910, p. 4115; both of these cases relate to security in an action at law where a nonresident plaintiff was joined with a resident plaintiff.
I do not feel that the law, as heretofore established in this court, is affected by the latter two cases, which relate to actions at law alone.
The motion will be dismissed.
Suit between Marjorie W. Speakman and others and the International Pulverizing Corporation and others. On bill, etc. On defendants' motion for an order requiring nonresident complainants to give security for costs.
Motion dismissed.
Joseph Beck Tyler, of Camden, for complainants.
Louis B. Le Due, of Camden, for defendants.
DAVIS, Vice Chancellor.
Two of the complainants in this cause are residents of this state and four are nonresidents. The defendants have applied for an order requiring the nonresident complainants to give security for costs in accordance with section 8 of the Chancery Act (Revision of 1902) 1 Comp.St. 1910, p. 413.