Morten v. Domestic Telegraph Co.

Lawrence, J.

I think that section 2 of the Revised Statutes, part 3, chapter 10, title 2, contemplates an actual removal by the plaintiff, after the commencement of the action, before he can be compelled to file security for costs (see Gilbert v. Gilbert, 2 Paige, 603).

Motion deMed.

Ho appeal was taken.