Rosso v. Second Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Rosso, an infant, by Frank Rosso, his guardian ad litem, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of December, 1896. Appeal by the defendant, The Second Avenue Railroad Company, from so much of said order as denies its motion to vacate an ex parte order gran ting leave to the plaintiff to sue as a poor person, and denies the…
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Appeal by the plaintiff, Michael Rosso, an infant, by Frank Rosso, his guardian ad litem, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of December, 1896. Appeal by the defendant, The Second Avenue Railroad Company, from so much of said order as denies its motion to vacate an ex parte order gran ting leave to the plaintiff to sue as a poor person, and denies the defendant’s motion to compel the plaintiff, or his guardian ad litem, to furnish security for costs.
1Opinion of the Court
Patterson, J.:
The defendant appeals from so much of an order as denied its motion to vacate an order .allowing the plaintiff to sue in forma pauperis, and also from so much of the order as denied its- motion to require the plaintiff to furnish security for costs. The plaintiff appeals from the whole of the order, but evidently intended only to bring up for review so much of the order as granted the defendant’s motion for a stay of proceedings of this action until certain costs of a prior action between the same parties were paid to the defendant.
It is unimportant to consider the plaintiff’s…
2Cases cited1 opinion
- Feier v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- First Nat. Bank v. WattersSupreme Court of Alabama · 1918
- Hartford Accident & Indemnity Co. v. ProctorAppellate Division of the Supreme Court of the State of New York · 1923
- Goodfriend v. RobinsAppellate Terms of the Supreme Court of New York · 1905
- In re Estate of Harris, Superior Court of California, County of San Francisco1908