State v. . Duncan
Supreme Court of North Carolina
This was a charge of violating an ordinance of the town of Hendersonville, tried on appeal from the Municipal Court, at the Fall Term, 1890, of the Superior Court of HENDERSON County, before Merrimon, J. ■ The defendant appealed without giving bond. The Attorney General moved to dismiss the appeal, because the affidavit and certificate of counsel are not made in compliance with the statute.
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This was a charge of violating an ordinance of the town of Hendersonville, tried on appeal from the Municipal Court, at the Fall Term, 1890, of the Superior Court of HENDERSON County, before Merrimon, J. ■ The defendant appealed without giving bond. The Attorney General moved to dismiss the appeal, because the affidavit and certificate of counsel are not made in compliance with the statute. The affidavit, certificate and order of the Judge are as follows: “The defendant, desiring to appeal from the judgment in the above cause, being sworn, makes affidavit that he is unable by reason of his…
1Opinion of the CourtAvery, J.
after stating the facts: The affidavit required by the statute (The Code, §1235), must embody the statements: First, that the defendant is'wholly unable to give security for the costs; secondly, that he is advised by counsel that he has reasonable cause for the appeal prayed for; third, that the application is made in good faith.” State v. Moore, 93 N C., 500; State v. Jones, 93 N. C., 617. It is not a matter of discretion with the Court, but it is the right of the State to have an appeal dismissed where there is a failure to comply with either of the three essential requirements of the law.…
2Cases cited1 opinion
- State v. . JonesSupreme Court of North Carolina · 1885
3Cited by4 opinions
- State v. . StaffordSupreme Court of North Carolina · 1932
- State v. . MarionSupreme Court of North Carolina · 1931
- State v. . SmithSupreme Court of North Carolina · 1910
- State v. . GatewoodSupreme Court of North Carolina · 1899