Stell v. . Barham

At the last term (85 N. C., 88) we refused to entertain an appeal in forma pauperis,in this case, inasmuch as it appeared in the record that when the judge granted the order allowing an appeal without security, he had not before him the defendant’s affidavit of insolvency, and this was held to be necessary, because the statute is mandatory upon the judge when the conditions are complied with, and this be must ascertain before granting the application. He gave the defendant twenty days after making the order on the last day of the term, in which to prepare and file the affidavit of inability,…