Sumkow v. Sheinker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wolf Sheinker, 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 5th day of December, 1902, vacating an order theretofore made in the above-entitled action, dated the 7th day of November, 1902, requiring security for costs and permitting the plaintiff to sue as a poor person.
1Opinion of the Court
Patterson, J.:
This is an appeal from an order vacating an order which required the plaintiff to file security for costs, and permitting the prosecution of the action to be continued informa jpaujoens.
*464The order is defective, in that it does not comply with section 460 of the Code of Civil Procedure, as it omits to provide that the attorney named therein shall act without compensation. (Daus v. Nussberger, 25 App. Div. 185.) There is another objection to the maintenance of this order. The guardian ad litem, is the father of the infant plaintiff. When he was appointed he swore that he was worth…
2Cases cited2 opinions
- Rutkowsky v. CohenAppellate Division of the Supreme Court of the State of New York · 1902
- Daus v. NussbergerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Cohen v. HautcharowAppellate Terms of the Supreme Court of New York · 1903