Sweeney v. White
The Superior Court of the City of New York and Buffalo
Action by Patrick Sweeney against James White. Plaintiff moves for leave to sue as a poor person. Denied.
1Opinion of the CourtGildersleeye, J.
The plaintiff makes an application for leave to sue as a poor person. It appears from the plaintiff’s own papers on this motion that more than three years have passed since *1052issue was joined in the action. Nor does plaintiff offer any excuse- or explanation for such gross laches. The suit was actually begun, over three years ago, and this application is evidently an afterthought. I am of opinion it should not be granted. Glasberg v. Railroad Co., 12 Civ. Proc. R. 50. An application of this nature-should be made upon or soon after the commencement of the action.. Ostrander v. Harper, 14 How.…
2Cases cited1 opinion
- Ostrander v. HarperNew York Supreme Court · 1857