Sears v. Tindall
Supreme Court of New Jersey
S. 11. Hamilton, in behalf of Lucy Sears, moved for a rule admitting her, in forma pauperis, to sue out a writ of certiorari to the Common Pleas of Burlington county, to remove into this court, the judgment and proceedings of the CommonPleas, in a matter of appeal, wherein judgment had been given against the said Lucy Sears, aud in favour of Tindall, the appellant.
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S. 11. Hamilton, in behalf of Lucy Sears, moved for a rule admitting her, in forma pauperis, to sue out a writ of certiorari to the Common Pleas of Burlington county, to remove into this court, the judgment and proceedings of the CommonPleas, in a matter of appeal, wherein judgment had been given against the said Lucy Sears, aud in favour of Tindall, the appellant. In support of this application, the counsel read an affidavit, made by Lucy Sears, stating “that she is poor, and not of ability to sue according to law, for the redress of injuries .and wrongs, or the recovery of her demands and…
1Opinion of the CourtHornblower, C. J.
This application must be denied. Our statute, Rev. Laws, 393, is in principle, the same, as that of 11 Hen. 7 c. 12, and the practice of the courts at Westminster Hall, under that, must regulate ours, until a new course shall be prescribed by the legislature, or until this court shall feel itself authorized to lay down new rules upon the subject. But if, as insisted by the counsel in support of the application, we ought to adopt a more liberal practice, and extend the relief contemplated by the statute, to poor persons, though not so indigent, as to swear they.are not worth five pounds…
2Cited by3 opinions
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- Severa v. SeveraNew Jersey Superior Court Appellate Division · 1952
- Camacho v. District Court of BayamónSupreme Court of Puerto Rico · 1947