Rowark v. . Gaston
Supreme Court of North Carolina
Motion to dismiss for want of a prosecution bond hoard be- ■ tore Logan, J., at Spring Term, 1872, of Cleaved and Superior Court. The facts and the point fn controversy are stated in thp opinion of the Court.
1Opinion of the CourtBoyden, J.
The act of 1869, chap. 96, is in these words, “ Any Judge, Justice of the Peace, or Clerk of the Superior Court, may authorise any person to sue as a pauper in their respective Courts, when he shall prove by one or more witnesses that he has a good cause of action, and shall make affidavit, that he is unable to comply with the provisions of section seventy one, of the Code.” The only question in this Court is, whether after the Clerk had made an order, that the plaintiff might sue as a pauper ; his Honor was right in dismissing’ the suit for the want of a prosecution bond.
On the part of the…
2Cited by3 opinions
- Brendle v. . HeronSupreme Court of North Carolina · 1873
- Brendle v. HeronSupreme Court of North Carolina · 1873
- Sumner v. . CandlerSupreme Court of North Carolina · 1876