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Sweeney v. White

63 N.Y. St. Rep. 242 Court N.Y. Super. Ct. English

Delivered by Gtldersleeve, J.

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p. 242
Patrick Sweeney, Pl’ff, v. James White, Def’t.
(New York Superior Court, Special Term,
Filed October 1894.)

Headnote

Parties—Poor person.
An application for leave to sue as a poor person should be made upon, or soon after, the commencement of the action.
Motion "for leave to sue as a poor person.
Thomas Nolan, for the motion; Christopher Fine, opposed.

The plaintiff makes an application for leave to sue as a poor person. It appears from the plaintiff’s own papers on this motion that more than three years have passed since issue was joined in the action. Nor does plaintiff offer any excuse or explanation for such gross loches. The suit was actually begun over three years ago, and this application is evidently an afterthought. I am of opinion it should not be granted. Glasberg v. D. D., E. B. & B. Railroad Co., 12 Civ. Pro. R. 50. An application of this nature should .be made upon or soon after the commencement of the action. Ostrander v. Harper, 14 How. Pr. 16 . The motion must be denied, but without costs. Motion denied, without costs.

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