Weinstein v. Schnepp
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Max Weinstein, an infant, by Samuel Weinstein, guardian, etc., against Nicholas Schnepp, impleaded, etc. .From an order vacating order for security for costs, and granting leave to sue as a poor person, defendant Schnepp appeals.
1Per curiam
A proper case was not made out for granting an •order for leave to sue as a poor person. Such an order is a discretionary one, and is intended to permit persons to bring suit who would be without remedy if they were to be compelled to pay the ordinary disbursements of an action, because, on account of poverty, they would be unable to meet the same. It is not every person who does not own $100 of property that is entitled to the order, but only those who otherwise would be unable to prosecute their action. If the rule which has obtained in the granting of the order to sue as a poor person in…
2Cited by4 opinions
- Cohen v. HautcharowAppellate Terms of the Supreme Court of New York · 1903
- Dorfman v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1901
- The PresidentDistrict Court, W.D. Washington · 1914
- Luongo v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1902