Document Fragment View

Matching Fragments

Such a right is, indisputably, a very valuable right in that proceeding and it is in my view, a perfectly legitimate argument for a defendant, that he will not be sued in the Courts of the land, by a plaintiff who may take advantage of the provisions in forma pauperis to bring forward an unconscionable, grossly exaggerated or frivolous claim of swollen magnitude, without himself (defendant) being fully heard why the plaintiff should not be granted this indulgence. If the decision is against the defendant a valuable right of the defendant is clearly affected. Further, and this is very important, several of the grounds upon which the defendant can contest the claim, such as, the possession of means by the plaintiff at that time, the ground of a prior fraudulent conveyance, or the ground of an agreement in champerty, will no longer be available to the suit and appeal; they are irretrievably decided against him by the order of the learned single Judge."