Gilbert B. Gedney, Administrator, etc., Appellant, v. Samuel G. Purdy, Executor, etc., Respondent

Gilbert B. Gedney, Administrator, etc., Appellant, v. Samuel G. Purdy, Executor, etc., Respondent. The court of original jurisdiction may in its discretion require the plaintiff in an action, suing as an executor, administrator, or trustee of an express trust, to give security for costs under section 317 of the God e at any time during the pendency of the action, either before trial and judgment or pending an appeal to the General Term of the court from a judgment. The coprt may require such security for the costs already accrued or entered on the judgment appealed from as well as those that shall thereafter accrue, or limit the requisition to the costs that shall accrue in the future. The discretion of the court of original jurisdiction is not reviewable in this court. (Argued February 27, 1872; decided March 1, 1872.) Appeal from order of General Term of the Supreme Court in the second department, affirming order of Special Term requiring plaintiff to give security for costs. F. G. Salmon for appellant. J. W. Tompkins for respondent. [MAJORITY — Allen, J.,] Allen, J., reads opinion for dismissal; all concur. Appeal dismissed.