Conboy v. Ayres

New York Supreme Court

Conboy v. Ayres

25 Misc. 52, 53 N.Y.S. 1004

CourtNew York Supreme Court

DecidedOctober 15, 1898

StatusPublished

Cited by1 cases

This text of 25 Misc. 52 (Conboy v. Ayres) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conboy v. Ayres, 25 Misc. 52, 53 N.Y.S. 1004 (N.Y. Super. Ct. 1898).

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Opinion

Gaynor J.:

An order to prosecute in forma pauperis cannot be obtained ex parte after the action is begun (1 Paige, 39; 6 Hill, 257; 14 How. Pr., 16). It might be inferred from the report of the decision in Shearman v. Pope (106 N. Y. 664) that the order was obtained on notice, but reference to the record shows that not to have been so. The court either overlooked this, or else the ex parte.order was deemed valid until vacated.

Let the ex parte order be vacated, and the time to give security be postponed for ten days.

Ordered accordingly.

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Gaynor J.:

An order to prosecute in forma pauperis cannot be obtained ex parte after the action is begun (1 Paige, 39; 6 Hill, 257; 14 How. Pr., 16). It might be inferred from the report of the decision in Shearman v. Pope (106 N. Y. 664) that the order was obtained on notice, but reference to the record shows that not to have been so. The court either overlooked this, or else the ex parte.order was deemed valid until vacated.

Let the ex parte order be vacated, and the time to give security be postponed for ten days.

Ordered accordingly.

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Bluebook (online)

25 Misc. 52, 53 N.Y.S. 1004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conboy-v-ayres-nysupct-1898.

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