Speller v. . Speller
Supreme Court of North Carolina
Civil actions, tried at Spring Term, 1892, of Bertie Superior Court. The defendants, appellants in the first-named case, were permitted, by an order of court, to appeal without giving bond ; being plaintiffs in the other case, they had been allowed to sue in forma pauperis, and were also permitted to appeal without giving bond, &c.
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Civil actions, tried at Spring Term, 1892, of Bertie Superior Court. The defendants, appellants in the first-named case, were permitted, by an order of court, to appeal without giving bond ; being plaintiffs in the other case, they had been allowed to sue in forma pauperis, and were also permitted to appeal without giving bond, &c. The clerk refused to send up the transcripts of the record on appeal unless appellants paid his fees for so doing in advance, which they refused to do, and moved in this Court for a certiorari in each case.
1Opinion of the Court
ClarK, J.:
The point presented has already been three, times passed upon by this Court: In Martin v. Chasteen, 75 N. C., 96 ; Andrews v. Whisnant, 83 N. C., 446, and in Bailey v. Brown, 105 N. C., 127, all decided since the Act of 1873—’74, Ch. 60, which was relied on by the petitioners. It is pointed out in the case last named that The Code, Sections 210 and 212, permitting an action to be brought in forrnMpauperis, not only exempts such pauper plaintiff from giving bond to indemnify the defendant for his costs, but excuses him from paying fees to any officer and deprives him of the right to…
2Cases cited6 opinions
- Bailey v. . BrownSupreme Court of North Carolina · 1890
- Andrews v. . WhisnantSupreme Court of North Carolina · 1880
- State v. . NashSupreme Court of North Carolina · 1891
- Triplett v. . FosterSupreme Court of North Carolina · 1893
- Martin v. . ChasteenSupreme Court of North Carolina · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Benedict v. Jones.Supreme Court of North Carolina · 1902
- Dunn v. . Clerk's OfficeSupreme Court of North Carolina · 1918
- William v. . MontagueSupreme Court of North Carolina · 1897
- Superior Court Office v. . LockmanSupreme Court of North Carolina · 1827