54 How. Pr. 368
Decided January 15, 1878
New York Supreme Court · decided 1878-01-15
The plaintiff made a motion “for leave that the plaintiff may continue to prosecute this action as a poor person, and that the costs heretofore awarded against the plai/nUff in this cause be either canceled off the records or remain on the records, and the payment thereof abide the event. ” The action is brought by the plaintiff to “ reform a certain deed or conveyance obtained by the defendant by fraud, trick and device.” The answer of the defendant denied all the…
Decided 1878-01-15
¶1I 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.
¶2Motion denied, with costs.