
    N. Y. COMMON PLEAS.
    George H. Bostwick agt. Daniel M. Fifield.
    
      Costs—When defendant may require security for— Code of Civil Procedwe, section 3268— The common fleas, not the county court ref erred to in this section.
    
    The Hew York common pleas, although, a county court for certain purposes, is not the county court referred to in section 3268 of the Code of Civil Procedure.
    In an action brought in this court a plaintiff who resides in Brooklyn cannot be required by defendant to file security for costs.
    
      Special Term, May, 1882.
    
      Motion by defendants to compel plaintiff, who resides in Brooklyn, to file security for costs, under section 3268 of the Code.
    
      H. B. Whitbeck, for motion.
    
      Wm. H. Tilton, opposed.
   Daly, C. J.

The county court referred to in that section does not mean this court, which belongs, under the Code, to the class denominated “ superior city courts ” (sec. 3343, sub. 1); and the county court meant in section 3268 is, in the language of the Code, the county court in each county, except New York” (sub. 1).

This court is a county court for certain purposes, but is not the county court referred to in section 3268.

The motion must be denied.  