17 Misc. 53
City of New York Municipal Court
Decided May 15, 1896
City of New York Municipal Court · decided 1896-05-15
<p>Costs — Heave to sue in forma pauperis.</p> <p>A motion for leave to sue as a poor person is addressed to the discretion of the court, and its determination will not be interfered with unless there has been an abuse of such discretion.</p>
Decided 1896-05-15
¶1This is an appeal from an order allowing plaintiff to sue as a poor person.
¶2. While it is true that the equities may be with the defendant, yet the court having the right-to grant the order, the only question for us to determine is, was there an abuse of judicial discretion?
¶4Order affirmed, no costs.
¶5Conlan and Schuchman, JJ., concur.
¶6Ordered affirmed, without costs.