Martin v. . Chasteen
Supreme Court of North Carolina
This was a Motion to the Court, in the cause heretofore dismissed at the instance of the appellee for want of an appeal bond. The facts pertinent to the point decided are fully set ou.t in the opinion of Justice RodmaN.
1Opinion of the CourtRodmaN, J.
At Spring Term, 1875, of the Superior Court of Cherokee, the plaintiff recovered judgment against the defendant, who thereupon appealed to this Court without giving any bond or undertaking to the appellee, as required, by O. C. P., sec. 303, &c. This he was allowed to- do by the Judge on his making affidavit that by reason of poverty he' was unable to give security, under the Act of 1873-74,. chap. 60.
It may be remarked in passing, that the appellant does' not appear to have conformed to the Act by accompanying; his affidavit with a written statement from a practicing', attorney of the Court,…
2Cited by8 opinions
- Ballard v. . GaySupreme Court of North Carolina · 1891
- Bailey v. . BrownSupreme Court of North Carolina · 1890
- Andrews v. . WhisnantSupreme Court of North Carolina · 1880
- State v. . NashSupreme Court of North Carolina · 1891
- Klein v. YorkTennessee Supreme Court · 1923
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