
    Case No. 1,545.
    BLISS v. BROOKLYN.
    [10 Blatchf. 217.] 
    
    Circuit Court, E. D. New York.
    Nov. 5, 1872.
    Costs — Security for — Dilatory Motion.
    When a suit in equity has been once heard, on issue joined, and is opened for a further hearing, on an amended answer only as a matter of favor, it is too late to move for security for costs on the ground of the non-residence of the plaintiff, that having appeared on the face of the original bill.
    [Cited in Southwestern Brush Electric Light & Power Co. v. Louisiana Electric Light Co., 45 Fed. 896.]
    [NOTE. For other cases involving the patent in this suit, see note to Bliss v. Haight, Case No. 1,548.]
    [In equity. Suit by William H. Bliss against the city of Brooklyn to enjoin infringement of letters patent granted to plaintiff February 25, 18G2, and reissued, and for an accounting. There was a decree for plaintiff for an accounting (Bliss v. Brooklyn, Case No. 1,544), and defendant moves to compel plaintiff to file security for costs.
    Motion denied.]
    William C. Witter, for plaintiff.
    Benjamin E. Valentine, for defendant
    
      
       [Reported by Hon. Samuel Blatchford, District Judge, and here reprinted by permission.]
    
   BENEDICT, District Judge.

It is too late to move for security for costs in this case, which has been once heard, on issue joined, and which is now open for a further hearing, upon an amended answer, only as a matter of favor, and when the non-residence of .plaintiff appeared on the face of the original bill. The motion for security is, therefore, •denied.  