Liggett v. Hardware Mutual Insurance Co.

ON MOTION TO REMAND

CULPEPPER, Judge.

Hardware Mutual Insurance Company and David J. Russo, defendants-appellees, filed a motion to remand this suit to the district court to enable them to traverse the plaintiff-appellant’s right to prosecute this appeal in forma pauperis.

The record of his case has not as yet been lodged with this court. Defendants-appellees’ motion to remand recites that on September 21, 1972, an ex parte order was entered granting plaintiff a devolutive appeal in forma pauperis. The defendants-appellees also aver that plaintiff-appellant’s original petition was not filed in…