84 N.Y.S. 573 | N.Y. App. Term. | 1903
It is beyond question that an infant suing by a guardian ad litem may be permitted to sue in forma pauperis (Feier v. 3rd Ave. R. R. Co., 9 App. Div. 607, 41 N. Y. Supp. 821), and the question whether he should not be permitted so to do is not to be determined by the responsibility of the guardian (Muller v. Bammann, 77 App. Div. 212, 78 N. Y. Supp. 1022), unless it appears that such guardian ad litem is a parent of the infant (Rutkowsky v. Cohen, 74
Upon the case as presented the order appealed from should be reversed, with costs and disbursements, and the motion for an order permitting the plaintiff to prosecute the action as a poor person denied, with $10 costs. All concur.