In re Cannice
New York Supreme Court
Motion on the part of plaintiff for leave to amend the order previously obtained by her to sue as a poor person, on proof of the poverty of the estate. Motion on the part of the defendant to vacate the order previously made, on the ground that the court is without jurisdiction to grant the same, and upon the further ground that the court’s discretion should not be exercised to grant it.
1Opinion of the CourtPound, J.
Plaintiff was nonsuited in a prior action brought to recover for the same injuries against the same defendant, and judgment in favor of defendant was affirmed by the Appellate Division,. The costs of said action and of said appeal remain unpaid. Plaintiff now asks leave to sue again on the same cause of action and as a poor person, and to be relieved from the payment of the oosts of the former action. It was held by Bischoff, J., at Special Term, in May, 1894, that the statute allowing a party to sue as a poor person relates only to personal actions, and, with the expressed exception in the…
2Cases cited5 opinions
- Weinstein v. FrankAppellate Division of the Supreme Court of the State of New York · 1900
- Ingrosso v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Daus v. NussbergerAppellate Division of the Supreme Court of the State of New York · 1898
- Young v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Bechtle v. Manhattan Ry. Co.New York Court of Common Pleas · 1894
3Cited by1 opinion
- Fontheim v. Third Avenue Railway Co.New York Court of Appeals · 1939