Feier v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Augusta Feier, an infant, by Harry Levy, her guardian ad litem,, from an order of the Supreme" Court,' made at the New York Special Term and entered in the office óf the clerk of the county of New York on the 16th day of April, 1896, denying her motion for leave to sue as a poor person. . The petition upon which the application was made was as follows: “ I. That she is an infant over the age of fourteen years, to wit, nineteen years of age. “ II.
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Appeal by the plaintiff, Augusta Feier, an infant, by Harry Levy, her guardian ad litem,, from an order of the Supreme" Court,' made at the New York Special Term and entered in the office óf the clerk of the county of New York on the 16th day of April, 1896, denying her motion for leave to sue as a poor person. . The petition upon which the application was made was as follows: “ I. That she is an infant over the age of fourteen years, to wit, nineteen years of age. “ II. That she appears by Harry Levy, her guardian ad litem herein. “ III. That the parents of your petitioner reside in Europe,…
1Opinion of the Court
Barrett, J.:
The plaintiff’s papers are in strict accordance with the provisions of sections 458 and 459 of the Code.of Civil Procedure. She could say no more to invoke judicial action than she has said in these papers. No more could well be said.
The defendant filed no affidavits in opposition. If, therefore, her motion was properly denied, it is difficult to conceive of a case where an infant pauper may avail herself of the law which was expressly enacted for the benefit of her class. Prior to the amendment of 1891 there was a conflict of judicial opinion with regard to the right of infant…
2Cited by7 opinions
- Cohen v. HautcharowAppellate Terms of the Supreme Court of New York · 1903
- Rosso v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Muller v. BammannAppellate Division of the Supreme Court of the State of New York · 1902
- Muller v. BammannAppellate Division of the Supreme Court of the State of New York · 1902
- Kerrigan v. LangstaffAppellate Division of the Supreme Court of the State of New York · 1901
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