Shapiro v. Burns
New York Court of Common Pleas
Action by Rebecca Shapiro, an infant, by Adolph Shapiro, her guardian ad litem, against Michael F. Burns and Timothy Burns. Plaintiff moves for leave to sue in forma pauperis. Granted.
1Opinion of the CourtPryor, J.
Before action brought, a guardian ad litem was appointed for the infant plaintiff. After action commenced, an order was made requiring the plaintiff to furnish security for costs; but, instead, plaintiff now moves for leave to prosecute the suit in forma pauperis. It is plain upon the terms of the statute (sections 4581 and 459, Code Civ. Proe.) that an infant may be allowed the privilege of suing as a poor person, and that application for the privilege may be made after the commencement of the action. From the reason of the thing, leave to prosecute in forma pauperis must be accorded before…
2Cited by4 opinions
- Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Bechtle v. Manhattan Ry. Co.New York Court of Common Pleas · 1894
- Bonadoa v. Third Ave. R.New York Court of Common Pleas · 1894
- Kahn v. Singer Manufacturing Co.City of New York Municipal Court · 1896