Harris v. Mutual Life Insurance
New York Supreme Court
Appeal from special term, New York county. Action byFranzisea Harris against the Mutual Life Insurance Company of New York and others. Defendant company appeals from order denying motion to vacate order allowing plaintiff to maintain the action as a poor person.
1Opinion of the CourtVan Brunt, P. J.
The court undoubtedly has the power to make an order allowing a non-resident to sue as a poor person; but such an order, even in the case of a resident, should not be granted except in a reasonably clear case, and where it is réasonably certain that the process of the court will not *719be abused, and it may well be doubted whether the case at bar. falls within that category; but the court should not assign as counsel the attorney making the application, except in exceptional cases, and then only where it clearly appears that the party seeking to sue as a poor person knows that the counsel…
2Cited by2 opinions
- Beyer v. ClarkThe Superior Court of New York City · 1892
- Beyer v. ClarkThe Superior Court of the City of New York and Buffalo · 1892