
    EDWARD RALPH, Respondent, v. JOSEPH HUSSON, Appellant.
    
      Decided December 1, 1884.
    
      Security for costs on ground of non-residence.—Motion to compel verification. of complaint.
    
    Before Sedgwick, Ch. J., and Freedman, J.
    Appeal from order denying defendant’s motion to compel plaintiff to verify his complaint, and to compel him to give security for costs, as a non-resident.
    The court at General Term, said :—“In so far as the motion that the plaintiff be compelled to file security fox-costs, is based upon the claim that the plaintiff does not inside in the city and county of New Yox-k, but is a i-esident of Kings county, it was properly denied under the decision of this court in Lewis v. Farrell (46 Super. Ct. 358). And in so far as it is based upon the allegation that the note in suit was transferred to the plaintiff by the administrators of an insolvent estate after the maturity thereof, it was also properly denied, for that fact constitutes no ground. Upon the other bx-anch of the motion, viz., that the plaintiff be compelled to verify his complaint, the defendant has mistaken his remedy. If the verification which appears to have been annexed is really defective as claimed, the defendant may treat it as a nullity (§ 528).
    
      Denis McMahon, for appellant.
    
      Abram Kling, for respondent.
   Opinion by Freedman, J. ; Sedgwick, Ch. J., concurred.

Order affirmed, with costs.  