New York Supreme Court, 1843

Thomas v. Wilson

New York Supreme Court · Decided December 15, 1843 · Bronson

6 Hill & Den. 257

Counsel

/S'. J. Cowen, for the defendants, now moved for an order absolute., R. Mott, contra,

Opinion of the Court

Bronson, J.

The defendants should have perfected their appearance before making the motion. But they may move again after putting in bail.

Mott then moved that the plaintiff be allowed to sue informa pauperis.

Cowen objected that no notice had been given of the motion, and cited Isnard v. Cazeaux, (1 Paige, 39;) and Grah. Pr. 915.

By the Court, Bronson, J.

Notice should have been given. And besides, I doubt whether a non-resident of the state should *258be allowed to sue as a poor person.(a) But it is not necessary to decide that question. It is enough that there has been no notice.

Both motions denied.

Statutes authorizing persons to prosecute in forma pauperis are to be construed strictly as against the applicant. (Moore v. Coonly, 2 Hill, 412.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.