Thomas v. Wilson

Decided December 15, 1843

New York Supreme Court · decided 1843-12-15

On an affidavit that the plaintiff was not a resident of this state, but a subject of the queen of England, the defendants obtained a judge’s order that the plaintiff file security for costs, or show cause at the present term.

Decided 1843-12-15

Bronson, J.

¶1The defendants should have perfected their appearance before making the motion. But they may move again after putting in bail.

¶2Mott then moved that the plaintiff be allowed to sue informa pauperis.

¶3Cowen 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.

¶4Notice 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.

¶5Both motions denied.

¶6Statutes authorizing persons to prosecute in forma pauperis are to be construed strictly as against the applicant. (Moore v. Coonly, 2 Hill, 412.)