Kinney v. Plymouth Rock Squab Co., 236 U.S. 43 (1915)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
APPLICATION FOR LEAVE TO DOCKET AND PROSECUTE
WITHOUT PREPAYMENT OF FEES
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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Chicago: U.S. Supreme Court, "Syllabus," Kinney v. Plymouth Rock Squab Co., 236 U.S. 43 (1915) in 236 U.S. 43 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=K7YMRZGT4Z3LSE8.
MLA: U.S. Supreme Court. "Syllabus." Kinney v. Plymouth Rock Squab Co., 236 U.S. 43 (1915), in 236 U.S. 43, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=K7YMRZGT4Z3LSE8.
Harvard: U.S. Supreme Court, 'Syllabus' in Kinney v. Plymouth Rock Squab Co., 236 U.S. 43 (1915). cited in 1915, 236 U.S. 43. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=K7YMRZGT4Z3LSE8.
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