Dale v. . Presnell
Supreme Court of North Carolina
Civil aotion, pending in Buree Superior Court, and heard before Nortoood, I., at Fall Term, 1896, on a motion of the defendant to require plaintiff (who had obtained leave to sue in forma pauperis) to give security for costs. JELis Honor made an order as follows : “ It is ordered that upon the giving of security in the sum of one hundred dollars, to be secured by mortgage upon real estate, the plaintiff be allowed to prosecute this action.
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Civil aotion, pending in Buree Superior Court, and heard before Nortoood, I., at Fall Term, 1896, on a motion of the defendant to require plaintiff (who had obtained leave to sue in forma pauperis) to give security for costs. JELis Honor made an order as follows : “ It is ordered that upon the giving of security in the sum of one hundred dollars, to be secured by mortgage upon real estate, the plaintiff be allowed to prosecute this action. And it is further ordered that unless the said mortgage be duly executed and filed with the clerk of the court by the first day of the next term of this…
1Opinion of the Court
Eükoiies, J.:
This is an action commenced in forma pau-peris. It is admitted that the affidavit was regular and sufficient in form, and that the clerk of Burke superior court granted the order allowing plaintiff to bring the action in forma pauperis. And this is a motion on the part of defendant to require plaintiff to give security for the prosecution or to have the action dismissed. Upon the hearing before Norwood, J., at Fall Term, 1896, of Burke superior court, the plaintiff answered the rule and admitted that he was the owner of two small tracts of land, worth from $120 to $150, apart of…
2Cases cited2 opinions
- Davis v. . HigginsSupreme Court of North Carolina · 1884
- Smith v. Arthur, Coffin & Co.Supreme Court of North Carolina · 1895
3Cited by8 opinions
- Mintz v. . FrinkSupreme Court of North Carolina · 1940
- Christian v. . R. R.Supreme Court of North Carolina · 1904
- Christian v. Railroad Co.Supreme Court of North Carolina · 1904
- Whedbee v. . RuffinSupreme Court of North Carolina · 1926
- Griffis v. LazarovichCourt of Appeals of North Carolina · 2004
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