Summerour v. State

1. In lilis case the attorneys for the plaintiff in error filed in the trial court a paper purporting to be a pauper’s oath executed by their client for the purpose of bringing the case to the Supreme Court without payment of costs. The paper failed to assert that “from his poverty” the plaintiff in error was unable to pay the costs, &c. A certified copy of the paper was sent to the Supreme Court with the transcript of the record. The clerk of the Supreme Court called to the attention of the attorneys the failure to include in the paper the above-quoted words; whereupon the attorneys…