Jones v. . Fortune and Another
Supreme Court of North Carolina
Civil action tried before Henry, J., at Spring Term, 1873, of Henderson Superior Court. The plaintiff claims a tract of land upon which defendants reside and also claim to hold as trustee for certain children. On the trial below, the defendants filed an affidavit, in which they severally swore that they were unable to give the bond required by law, before they would be allowed to defend the suit.
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Civil action tried before Henry, J., at Spring Term, 1873, of Henderson Superior Court. The plaintiff claims a tract of land upon which defendants reside and also claim to hold as trustee for certain children. On the trial below, the defendants filed an affidavit, in which they severally swore that they were unable to give the bond required by law, before they would be allowed to defend the suit. J. D. Hyman, Esq., an attorney of the Court, also certified that in his opinion the plaintiff was not entitled to recover, and moved that the defendants be allowed to plead without giving bond.…
1Opinion of the CourtReade, J.
The Act 1869-'70, ch. 193 requires defendant in “suits for the recovery of real property or the possession thereof,” to give bond for $200 with surety to answer for costs and damages, &c., before he shall be permitted to plead, answer or demur. But there is a proviso in sec. 4 of said Act that if an attorney will certify that plaintiff is not entitled to recover, and the defendant- will- swear that he is unable to give security, then the defendant may plead, &c., without bond.
In this case there was the necessary certificate of counsel and affidavit of defendant, but still his Plonor refused…
2Cases cited1 opinion
- Deal v. . PalmerSupreme Court of North Carolina · 1873
3Cited by2 opinions
- Dempsey v. . RhodesSupreme Court of North Carolina · 1885
- Taylor v. . AppleSupreme Court of North Carolina · 1884