Stell v. . Barham
Supreme Court of North Carolina
Ejectment tried' at Fall Term-, 1881, of Wake. Superior-Court, before Gilmer, J: The jury rendered a verdict for- the plaintiff, and from the judgment thereon the defendant prayed an appeal.
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Ejectment tried' at Fall Term-, 1881, of Wake. Superior-Court, before Gilmer, J: The jury rendered a verdict for- the plaintiff, and from the judgment thereon the defendant prayed an appeal. A certificate was filed by the defendant's counsel stating that in. his opinion-, the judgment was- -erroneous, and- that the-defendant was unable by reason of insolvency to deposit am amount necessary to- secure the costs of an appeal or to execute a bond for the same, and, that said insolvency is ad¡-mitted by the plaintiff. Thereupon the court adjudged that the defendant be allowed to appeal in forma…
1Opinion of the CourtSmith, C. J.
The plaintiff’s motion to dismiss the appeal! as taken in disregard of the directions of the act of 1874 passed “ to enable indigent parties in civil actions to appeal to the supreme court,” must be granted. The act. makes it the duty of the presiding judge, upon application to him at-the time of trial, to make an order allowing the appeal without security with the proviso that the party desiring to-appeal “ shall make affidavit that he is- unable- by reason of his poverty to give the security required by law," and that he is advised by counsel- that there is error in matter of law in the…
2Cases cited3 opinions
- State v. . MorganSupreme Court of North Carolina · 1877
- Miazza v. . CallowaySupreme Court of North Carolina · 1876
- Samuel Weber and Wife v. . Benjamin TaylorSupreme Court of North Carolina · 1872
3Cited by5 opinions
- State v. . MooreSupreme Court of North Carolina · 1885
- State v. . GatewoodSupreme Court of North Carolina · 1899
- Anderson v. WorthingtonSupreme Court of North Carolina · 1953
- Stell v. . BarhamSupreme Court of North Carolina · 1882
- Leach v. . JonesSupreme Court of North Carolina · 1882