Lyons v. Murat

I think the provisions of the Eevised Statutes do not exempt the party from the payment of costs which accrue prior to leave granted to prosecute in forma pauperis. If the party proceed without obtaining such leave, the subsequent application does not relate back. The proceeding by appeal is not a cause of action within these provisions, and is not embraced in the liberty contemplated. The preliminary objection is therefore sustained.

Motion denied, with costs.