Kincaid v. Bradshaw

This is an action of replevin commenced before a justice of the peace and carried to the Circuit Court by appeal, no bond having been given, but the pauper’s oath being substituted, both upon the institution of the suit and upon the appeal.

During the pendency of the case the defendant moved to dispauper the plaintiff and dismiss the suit because its prosecution was frivolous. The court dismissed the case, being satisfied by the testimony of disinterested witnesses that its prosecution was frivolous. From this judgment the plaintiff has appealed to this court upon the pauper’s oath.

When the…