Hoey v. McCarthy

The only question for decision involves the propriety of the ruling of the court in refusing to admit the appellant to prosecute an action instituted by her in the Starke Circuit Court against the appellee, as a poor person, and in sustaining a motion to dismiss' the action because of the plaintiff’s failure to file a bond for costs, a proper affidavit showing that she was a non-resident of the State of Indiana having been filed.

*465“Any poor person, not having sufficient means to prosecute or defend an action, may apply to the court in which the action is intended to be brought, or is pending,…