Gallerstein v. Manhattan Railroad — 55 N.Y.S. 444

Majority

p. 444

GALLERSTEIN v. MANHATTAN R. CO.

(City Court of New York, General Term.

January 3, 1899.)

Headnote

Infants—Paupers—Security for Costs.

The mere fact that an infant lias inherited no property and has none that was given to him does not show that he is a pauper within -the statute exempting paupers from giving security for costs.

Appeal from special term.

Action by Phineas Gallerstein, an infant, by guardian against the Manhattan Railroad Company. From an order requiring plaintiff to give security for costs, he appeals.

Affirmed.

Argued before FITZSIMOAS, C. J., and O’DWYER and OLCOTT, JJ.

Emanuel Hertz, for appellant.

Charles A. Gardiner, for respondent.

The order appealed from must be affirmed. It. does not appear that said order in anywise prevented plaintiff from continuing the action brought by him. He is a pauper, just as all infants are paupers who have no estate real or personal given them or bequeathed or inherited by them. It was surely not the intention of the statute referred to to decláre all infants paupers except those just referred to, but was calculated to enable infants to carry on a litigation without cost to themselves if they could not do so in the

p. 445

usual way. In this instance we believe that the special term justice was right in declaring that this was not such a case. The order appealed from is affirmed, with costs.