DOWNER v. CARTER

Order affirmed, with ten dollars costs and disbursements. Held, that the motion to compel the plaintiff to file security for costs must be regarded as having been made under section 3271 of the Code of Civil Procedure, and was, therefore, addressed to the discretion of the court, and, considering all the circumstances, such discretion was not improperly exercised. Section 3268 does not apply, as the plaintiff is not a non-resident within the meaning of the Code. (See Pursley v. Rodgers, 44 App. Div. 139. ) All concurred.