Bechtle v. Manhattan Ry. Co.

Section 460 of the Code makes it mandatory upon the court to allow a party to sue as a poor person in a case where the required facts are made to appear. Shapiro v. Burns, 31 Abb. N. C. 144, 27 N. Y. Supp. 980. But these applications are not encouraged, and the statute is to be construed strictly. Moore v. Cooley, 2 Hill, 412; Brown v. Story, 1 Paige, 588. That the statute relates to personal actions, and, with the expressed exception in the case of an infant suing by guardian ad litem, provides no justification for extending its application to persons acting in a representative capacity, is,…