Anonymous
New York Supreme Court
Motion for leave to sue as a poor person. The plaintiff brought this action against the defendant to recover the sum of $25,000 damages for crim. con.
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Motion for leave to sue as a poor person. The plaintiff brought this action against the defendant to recover the sum of $25,000 damages for crim. con. The complaint alleged “ that in the months of February, March and April, in the year 1880, while the plaintiff was living and cohabiting with and supporting his said wife in West Chester, in the State of Pennsylvania, and while they were living together happily as man and wife, the defendant, as the plaintiff is informed and believes,” &c., at divers times and places committed the acts complained of, by which he lost the affection and society…
1Opinion of the CourtBarrett, J.
A non-resident should not be allowed to sue in forma pauperis. It could never have been the legislative intent to extend the privileges of the act to objects of charity from all quarters of the globe. The law even discriminates against non-residents generally, so far as to compel them to give security for costs. Then such statutes should be strictly construed against the applicant (2 Hill, 412). We have found no case directly in point. But in Thomas v. Wilson (6 Hill, 257). Bronson, J., doubted whether a non-resident of the State should be allowed to sue in this manner. We understand, too,…
2Cited by4 opinions
- Heckman v. MackeyU.S. Circuit Court for the District of Southern New York · 1887
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. JacobsIndiana Court of Appeals · 1894
- Harris v. Mutual Life InsuranceNew York Supreme Court · 1890
- Osowicki v. FerrickMichigan Supreme Court · 1895