Brendle v. . Heron

The defendants moved to dismiss the action, because:

1. No complaint had been filed. The Judge allowed plaintiff until the next day to file his complaint, which was done. This was certainly within his discretion.

2. No prosecution bond had been given. The plaintiff had been allowed to sue as a pauper by the Clerk of the Court. The question as to an adult plaintiff is decided in Rowark v. Gaston, 67 N.C. 291. It can make no difference that the plaintiff is an infant, who has no property except that in suit, who sues by a guardian who is a pauper. See Anonymous, 1 Marsh, 4. (4 E. C. L.) Laws…