Reed v. Pennsylvania Co.

Citations

• 111 F. 714
• 13 Ohio F. Dec. 782
• 1901 U.S. App. LEXIS 4423

Syllabus

<p>1. Costs—Appellate Proceedings—Bight to Prosecute in Forma Pauperis.</p> <p>Act July 20, 1892 (27 Stat. 252), which provides that any citizen of the . United States entitled to commence any suit or action in any court of the United States “may commence and prosecute to conclusion” any such suit or action without being required to prepay fees or costs, or to give security therefor, upon filing an affidavit of poverty, and which also provides that he may avoid a demand for fees or security pending an action by a like affidavit, applies to proceedings on appeal or writ of error, which are within its equity, and not excluded by its letter.</p> <p>3. Same—Affidavit of Poverty—Sufficiency.</p> <p>An affidavit of poverty made by a plaintiff who sues, as administratrix of her deceased husband, to recover damages for his wrongful death, under a state statute which gives the right of action in favor of the widow and children of the deceased, should show that neither the estate nor the beneficiaries of the action are able to prepay or secure the costs.</p> <p>3. Appeal—Printing Briefs.</p> <p>A circuit court of appeals will not suspend the rule requiring printed briefs in favor of an appellant prosecuting the appeal in forma pauperis</p>