Conboy v. Ayres

Decided October 15, 1898

New York Supreme Court · decided 1898-10-15

This is a motion that the plaintiff file security for costs, being an infant, brought on upon the usual order requiring security to be filed, or to show cause, with a stay of all other proceedings on the part of the plaintiff meanwhile. In opposition the plaintiff presents an order allowing her to continue the action in forma pauperis, obtained ex parte since the said order to file security or show cause was granted.

Cited by 1 later decisions — most recently June 1955

1 state decisions

Relies on Boorman v. . Baldwin

Good law ✅— No negative treatment on recordhow we know

Decided 1898-10-15

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Gaynor J.:

¶1An order to prosecute in forma pauperis cannot be obtained ex parte after the action is begun (1 Paige, 39; 6 Hill, 257; 14 How. Pr., 16). It might be inferred from the report of the decision in Shearman v. Pope (106 N. Y. 664) that the order was obtained on notice, but reference to the record shows that not to have been so. The court either overlooked this, or else the ex parte.order was deemed valid until vacated.

¶2Let the ex parte order be vacated, and the time to give security be postponed for ten days.

¶3Ordered accordingly.