Majority
p. 483BECHTLE v. MANHATTAN RY. CO. N. Y. Common Pleas; Special Term, May, 1894.
Headnote
■Costs; stung as poor person.] The court is not authorized to permit the committee of a lunatic to sue as a poor person.Motion for leave to sue as a poor person.
Section 460 of the Code makes it mandatory upon the court to allow a party to sue as a poor person in a case where the required facts are made to appear (Shapiro v. Burns, p. 144 of this vol.), but these applications are not encouraged, and the statute is to be construed strictly (Moore v. Cooley, 2 Hill, 412 ; Brown v. Story, 1 Paige, 588). That the statute relates to personal actions, and, with the expressed exception in the case of an infant suing by guardian ad litem, provides no justification for extending its application to persons acting in a representative capacity, is, I think, apparent upon a careful reading (Code Civ. Pro. 459, et seq.). With regard to
p. 484
responsibility for costs, a committee of a lunatic is plácéd in the same category with administrators and other representative parties (Code Civ. Pro. 3271), and I can find no-more justification for granting such an application upon motion by a committee than would exist in a case where an administrator so petitions. Such a petition the special term has denied (Re Bengtoon, Law Journal, Feb. 8, 1894, per Pryor, J).
Motion denied, no costs.