Heckman v. Mackey
U.S. Circuit Court for the District of Southern New York
Motion to vacate order granting plaintiff leave to sue i/n forma pauperis. The order in question was granted upon petition, under N. Y. Code Civ.
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Motion to vacate order granting plaintiff leave to sue i/n forma pauperis. The order in question was granted upon petition, under N. Y. Code Civ. Pro. § 458, providing: “A poor person, not being of ability to sue, who alleges that he has a cause of action against another person, may apply, by petition, to the court in which the action is pending, or in which it is intended to be brought, for leave to prosecute as a poor person, and to have an attorney and counsel assigned to conduct his action.” The plaintiff being a resident of New Jersey, this motion, was made to vacate the order upon the…
1Opinion of the CourtLacombe, J.
Defendant moves to vacate an order heretofore granted on petition, allowing plaintiff to prosecute this action as a pauper.
Plaintiff is a citizen and resident of New Jersey. It appears from the papers that he has sustained personal injuries as the result of an accident, caused, he contends, by defendant’s negligence. Defendant is a citizen and resident of New York, in which State the accident happened. Plaintiff is not worth more than $100, besides the wearing apparel and furniture necessary for himself and his family, and the subject-matter of this action, and is unable to prosecute this…
2Cases cited3 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- AnonymousNew York Supreme Court · 1881
- Alexander v. MeyersNew York Court of Common Pleas · 1878
3Cited by3 opinions
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- Harris v. Mutual Life InsuranceNew York Supreme Court · 1890
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989