Wilson v. Melcroft Coal Co.
| Decision Date | 11 December 1928 |
| Citation | 226 Ky. 744,11 S.W.2d 932 |
| Parties | WILSON v. MELCROFT COAL CO. et al. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Harlan County.
Proceeding under the Workmen's Compensation Act by Everett Wilson opposed by the Melcroft Coal Company and others. Award of Workmen's Compensation Board denying compensation was affirmed on appeal to the circuit court, and claimant applied to the circuit court for permission to prosecute an appeal in forma pauperis. From an order overruling claimant's motion, he appeals. Reversed and remanded.
R. L Pope, of Knoxville, Tenn., and F. L. Huff, of Harlan, for appellant.
Sampson & Sampson, of Harlan, for appellees.
Everett Wilson, an employee of the Melcroft Coal Company, applied to the Workmen's Compensation Board for compensation for personal injuries, which, he claims, were sustained by accident arising out of and in the course of his employment. Compensation was denied by the board, and he prosecuted an appeal to the Harlan circuit court, which on April 2, 1928, affirmed the award of the board.
On September 4, 1928, Wilson applied to the Harlan circuit court for permission to prosecute an appeal in forma pauperis. From an order overruling his motion he prosecutes this appeal.
At the outset we are met by a motion to dismiss the appeal on the ground that appellant is here with a partial record, and that he failed to file the schedule within 90 days after the original judgment was entered. It must not be overlooked that this appeal is not prosecuted from the original judgment, but from the order denying his application to prosecute the appeal in forma pauperis, and granting an appeal therefrom. As the schedule was filed within 90 days from the entering of that order, it was in time for the purpose of that appeal and the motion to dismiss must be overruled.
Section 884, Kentucky Statutes, provides:
"A poor person residing in this state may be allowed by a court to prosecute or defend action therein without paying costs, whereupon he shall have any counsel that the court may assign him and from all officers all needful services and process without any fees, except such as may be included in the costs recovered from the opposite party."
The statute is not confined by its terms to criminal cases; on the contrary, it is general in its import, and provides that a poor person residing in this state may be allowed by a court to prosecute or defend action therein without paying costs. As one cannot prosecute himself, the plain meaning of the statute is that he may prosecute an action other than one in which he is defendant charged with a criminal offense, and of necessity this can be done only in a civil action. It follows, therefore, that in a proper case a party to a civil action may be allowed to prosecute an...
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... ... Coella v. Fenimore, supra; ... [48 P.2d 770.] te ex ... rel. Wigal v. Wilson, 43 Okl. 112, 141 P. 426 (a civil ... case) ... In ... others, by ... Van Gorder, supra; State v. Tonn, 190 Iowa, ... 381, 180 N.W. 164; Wilson v. Melcroft [152 Or. 11] ... Coal Co. et al., 226 Ky. 744, 11 S.W.2d 932; Smith ... v. Bastin, ... ...
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...of Griffin was to give constitutional dimension to an already established statutory right. For example, in Wilson v. Melcroft Coal Co. et al., 226 Ky. 744, 11 S.W.2d 932, 933 (1928), the Kentucky Court of Appeals construed the predecessor to KRS 453.190 in the following "Though the statute ......
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...act extended to the suing out of writs of error, or obtaining appeals in the nature of writs of error. See also Wilson v. Melcroft Coal Co., 226 Ky. 744, 11 S.W.2d 932 (1928). These opinions appear to be based on what might loosely be termed public policy For our part, we observe that at it......
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