
    David Denehy, as Administrator, etc., of Ellen Denehy, Deceased, Appellant, v. Margaret McCloud, Respondent.
    (City Court of New York, General Term,
    October, 1897.)
    Security for costs — Action revived in favor of plaintiff’s administrator — Code Civil Procedure, § 3271.
    The provisions of Code of Civil Procedure, section 3271, "that, in an action brought by or against an executor or administrator, in his representative capacity, the court may, in its discretion, require the plaintiff to give security for costs, have no application to an action commenced by a person since deceased, thereafter revived by order, and continued in favor of her administrator.
    Appeal from an order made after trial, requiring the filing of •security for costs in an action commenced by plaintiff’s intestate and upon her death revived and continued by her administrator.
    Edward Mandel, for appellant.
    John Whalen, for respondent.
   Per Curiam.

This action was commenced by the plaintiff’s intestate and upon her death it was by order revived and continued by the plaintiff as administrator.

An order was made after the trial of the action requiring the plaintiff to file security for costs tip to and including the trial and ' for costs of the appeal.

In our opinion the order made was wrong.

Section 3271 of the Code, 'under which authority is given to require such security, does not apply to an action commenced by a decedent and revived in favor . of her personal representatives. Sullivan v. Remington Co., 27 Hun, 270.

The order is reversed, with costs.

Present: Fitzsimons, Conlan and Schuchman, JJ.

Order reversed, with costs.  