Legal Opinion

Alexander v. Meyers

New York Court of Common Pleas

Decided August 23, 1878PublishedCited by 2 opinions

Motion for leave to prosecute in forma pauperis, and to vacate an order requiring plaintiff to file security for costs or to show cause, &c., and staying plaintiff’s proceedings. The facts appear in the opinion.

1Opinion of the CourtJoseph F. Daly, J.

Defendant having procured an order requiring plaintiff to show cause why she should not file security for costs, being a non-resident of this State, she now makes a counter-application to be allowed to sue in forma pauperis (Code, sec. 458, &c.).

The prayer of plaintiff’s petition should be denied for the reasons:—

First: The cause of action is for wrongful conversion of plaintiff’s goods at Augusta, Georgia, in the year 1875, in *113which place both defendants'and plaintiff reside ; the action was commenced in 1877 in this city. I deem it contrary to the policy of the law to encourage, by such an…

2Cases cited1 opinion

  1. Florence v. BulkleyThe Superior Court of New York City · 1853

3Cited by2 opinions

  1. Heckman v. MackeyU.S. Circuit Court for the District of Southern New York · 1887
  2. Harris v. Mutual Life InsuranceNew York Supreme Court · 1890

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