Kinney v. Plymouth Rock Squab Co.
236 U.S. 43 (1915)

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U.S. Supreme Court

Kinney v. Plymouth Rock Squab Co., 236 U.S. 43 (1915)

Kinney v. Plymouth Rock Squab Company

No. ___

Decided January 18, 1915

236 U.S. 43

Syllabus

Under the Act of July 20, 1892, c. 209, 27 Stat. 252, as amended by the Act of June 25, 1910, c. 435, 36 Stat. 866, the allowance of the right to sue in forma pauperis by defendants and by either party in appellate proceedings depends upon the exercise of the same discretion as to the meritorious character of the cause to the same extent provided under the statute before amendment as to plaintiffs bringing suit in the court of first instance.

Although the affidavit as to poverty may be sufficient, the allowance of the right to prosecute a writ of error from this Court in forma pauperis is subject to the exercise of judicial discretion to determine the good faith of the applicant and the meritorious character of the cause.

In the first case coming to the attention of the Court, under a statute prescribing procedure, an omission, probably inadvertent, may be overlooked without making a precedent for future cases.

Although the petition required by the statute providing for the right to prosecute a writ of error from this Court in forma pauperis has been omitted, the transcript which it is proposed to docket if the petition is allowed discloses no ground sufficiently meritorious for the allowance of the right, and the petition is denied.

Frivolous and fruitless litigation should cease.

The facts, which involve the construction and application of the federal statute relative to conducting cases in forma pauperis, are stated in the opinion.

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