Page:Federal Reporter, 1st Series, Volume 9.djvu/240

 THA.NKHACSEB V. THE COBTES CO. 225 �THANNHA.USEB V. The Coetes Co. (Three Cases.) �(Oi/reuit Court, 8. D. New Tork. July 30, 1881.) �1. Pkacticb — OiKcniT Court— Bbcubitt fob Costs. �Security for costs, other than required by the rules, ■will not be required of a plaintiflE in this court where the motion is made before answer, and themoving papers neither show any item of taxable costs or disbursements yet incurred, nor any steps taken which involved any disbursements, nor any itemized state- ment of extraordinary disbursements which are to be made at once in proceed- ings already taken. �Bettens de lAlienthal, for plaintiffs. �L. E. Chittenden, for defendants. �Bbown, D. J. The plaintiffs, who are now residents of this state, have brought these suits to recover their alleged claims growing out of a sale of mining property to the defendants. No security for costs having been filed, the defendants, before answer, now move upon affi- davits for an order requiring the plaintiffs to file security for costs in the sum of $1,500 to $2,000 in each case. The defendants' affidavits tend to show, that the transaction was fraudulent on the plaintiffs' part, but they do not show any item of taxable costs or disburse- ments yet incurred by them in either case, nor any steps yet taken which involved any disbursements whatever. The averments in this regard are entirely general, and in substance state only that large dis- bursements will be incurred in taking necessary testimony in Mexico, where the fees of commissioners, interpreters, and witnesses are alleged to be heavy. This is too general and too indefinite to warrant or to enable the court to fix any sum to be given as extraordinary security; nor do I think any order of that character should be made until after answer put in and the determination thereby of the pre- cise issues to be tried, nor except upon a statement in detail of the items of extraordinary disbursements which either have been already incurred, or are immediately and necessarily impending, in proceed- ings already taken in the causes. �I have examined the papers in the Emma Mine Cases, and the orders made thereon by Johnson, J., in 1875, referred to by the defendant's counsel, and find that where he granted an order for $2,000 in one of these cases the moving affidavits specified in detail large disbursements already incurred sufficient to call for the order made, while in another of the cases specifying such details, but not in excess of the bond already filed, he refused to order furthei V.9jno.5 — 15 ��� �