Helmprecht v. Bowen — 34 N.Y.S. 1141

Majority

p. 1141

HELMPRECHT, Appellant, v. BOWEN, Respondent.

(Supreme Court, General Term, First Department.

June 14, 1895.)

Headnote

Action by Johan Helmprecht against Jason Marvin Bowen.

Robert Goeller, for appellant.

Blair & Rudd, for respondent.

The order should be affirmed. It is evident from the affidavits of the plaintiff that he is reckless in his averments. The court is not required to assign an attorney designated by the party applying. Furthermore. the proposed. attorney in the case at bar nowhere agrees to conduct the action "-n. out compensation, as required by section 460 of the Code of Civil Procedure. Order affirmed, with $10 costs and disbursements.