Heyse v. Fidelity & Casualty Co. of New York

SANDERS, Justice.

This is an action for damages for personal injuries. Billy Heyse, in his capacity as administrator of the estate of his minor son, Rufus Wayne Heyse, sued for damages for personal injuries sustained by his son in an automobile accident. Upon the affidavits of plaintiff and a third party that the minor son was unable to pay the court costs, the trial judge entered an order authorizing prosecution of the action in forma pauperis under Article 5183 of the Louisiana Code of Civil Procedure. The defendants challenged the right of plaintiff to proceed in forma pauperis. After an…