Majority
p. 873Johan Helmprecht, App’lt, v. Jason Marvin Bowen, Resp’t. Sup. Ct. 1 D. June 14, 1895.
Robert Goeller, for app’lt; Blair c6 Rudd, for resp’t.
— The order should he 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 without compensation, as required by section 460 of the Code of Civil Procedure. Order affirmed, with $ 10 costs and disbursements.