Bristol v. United States

Citations

• 129 F. 87
• 63 C.C.A. 529
• 1904 U.S. App. LEXIS 4018

Syllabus

<p>1. Paupers — Prosecution of Suits — Common Law.</p> <p>St. 11 Hen. VII, c. 12, providing that every poor person having a cause of action against another shall have writs, according to the nature of his cause, without payment of fees, and assignment of counsel by the court, who shall act for him without reward, had reference only to a plaintiff prosecuting a civil action, and did not apply to criminal appeals.</p> <p>2. Same — Federal Statutes — Criminal Cases — Writs of Error.</p> <p>Act Cong. July 20, 1892, 27 Stat. 252, c. 209 [U. S. Comp. St 1901, p. 706], providing that any citizen entitled to commence any action or suit in any court of the United States may commence and prosecute to conclusion any such spt or action without being required to prepay fees or costs, or give security therefor, before or after bringing suit or action, does not entitle a defendant in a criminal case to prosecute a writ of error out of the United States Circuit Court of Appeals in forma pauperis, such writ constituting a continuation of the original litigation, and not a commencement of a new action.</p>