Traver v. Jackman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Traver, an infant, by Jennie Benson, his guardian ad litem, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of August, 1904, requiring the plaintiff to file security for costs, and also from an order entered in said clerk’s office on the 19th day of August, 1904, denying the plaintiff’s motion for leave to prosecute this action as a poor…
Read the full summary
Appeal by the plaintiff, Louis Traver, an infant, by Jennie Benson, his guardian ad litem, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of August, 1904, requiring the plaintiff to file security for costs, and also from an order entered in said clerk’s office on the 19th day of August, 1904, denying the plaintiff’s motion for leave to prosecute this action as a poor person.
1Opinion of the Court
Willard Bartlett, J.:
The defendant’s motion to compel the infant plaintiff to give security for costs was properly granted under subdivision 5 of section 3268 of the Code of Civil Procedure,.which was in force at the time when the motion was heard and decided (See Laws of 1891, chap. 170), although that subdivision has now been repealed by chapter 524 of the Laws of 1904, which took effect on September 1, 1904.
The counter motion in behalf of the infant for leave to sue as a poor person, which was noticed subsequently to the defendant’s motion but came on for hearing at the same time, was…
2Cases cited1 opinion
- Weinstein v. FrankAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- People ex rel. King v. McNeillNew York Supreme Court · 1961
- The PresidentDistrict Court, W.D. Washington · 1914