Weinstein v. Frank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nicholas Schnepp, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of October, 1900, vacating an order which required the plaintiff to give security for costs, and granting leave to the plaintiff to sue as a poor person.
1Opinion of the Court
Per Curiam :
It does not seem that a proper case was made out for granting an order for leave to sue as a poor person. The granting of the order is discretionary, and is intended to permit persons to bring suit who would be without remedy if they were to be compelled to pay the ordinary disbursements of an action because on account of poverty they would be unable to meet the same. • It is not every person who does not own $100 of property that is entitled to the order, but only those who otherwise would be unable to prosecute their action. If the rule which has obtained in the granting of the…
2Cited by11 opinions
- Teeter v. ReedAppellate Division of the Supreme Court of the State of New York · 1977
- Cohen v. HautcharowAppellate Terms of the Supreme Court of New York · 1903
- People ex rel. King v. McNeillNew York Supreme Court · 1961
- Traver v. JackmanAppellate Division of the Supreme Court of the State of New York · 1904
- Berkman v. WolfAppellate Division of the Supreme Court of the State of New York · 1901
6 more not listed; retrieve them via the Exa API.