Hewell v. Cherry

This is a writ of error by which A. D. Hewell seeks a review of the action of the circuit court in dismissing his petition for certiorari and supersedeas and in rendering judgment against him in favor of defendant in error I. W. Cherry for $298.28 and costs. His petition was on the pauper’s oath. The ground of the court’s action was that he was not a pauper and not entitled to proceed in forma pauperis. Whether he was so entitled is the question for decision.

Cherry recovered a judgment against him and his brother, W. A. Hewell, for $294.70, on January 2, 1941, in the court of general…