Henry v. Shepherd
Mississippi Supreme Court
Error to. the Circuit Court of O difax County. Hon. J. A. Orr, Judge. Plaintiff in error brought her suit in forma pauperis to the February term, 1875, of the circuit court of Colfax county, against defendant, to recover damages for the wrongful killing of chickens and other poultry, and laid her damages at $5,000. Defendant filed an affidavit to require plaintiff to give security for the costs of suit.
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Error to. the Circuit Court of O difax County. Hon. J. A. Orr, Judge. Plaintiff in error brought her suit in forma pauperis to the February term, 1875, of the circuit court of Colfax county, against defendant, to recover damages for the wrongful killing of chickens and other poultry, and laid her damages at $5,000. Defendant filed an affidavit to require plaintiff to give security for the costs of suit. This motion was sustained by the court, .and a rule of sixty days entered. At the next term of the court the rule was made absolute and the case dismissed, and it comes to this court on a writ…
1Opinion of the CourtChalmers, J.
This suit was dismissed by the circuit judge without plaintiff being allowed to go to the jury. This action was based, and is sought to be upheld, upon two grounds: 1st, that plaintiff failed to give security for costs when thereto required upon affidavit filed; and, 2d, that the declaration did not ■disclose a just cause of action.
Plaintiff commenced her suit in forma pauperis by taking the oath prescribed by § 571 of the Code. Having so commenced it, she was entitled to prosecute it to final judgment, *127and cannot be deprived of the right by a motion for security for costs, under § 572. The…
2Cited by3 opinions
- Gostina v. RylandWashington Supreme Court · 1921
- Buckingham v. ElliottMississippi Supreme Court · 1884
- Smith v. HoltSupreme Court of Virginia · 1939