Miazza v. . Calloway
Supreme Court of North Carolina
Civil actioN, tried before bis Honor, Judge Furehes, at Fall Term, 1875, of the Superior Court of Wilees county. The following is substantially a statement of the case as sent to this court as a part of the record. The action was brought by the plaintiff against the defendants for the partition of a tract of land situated in "Wilkes county, N. C. The plaintiff alleged that the plaintiff and defendants were tenants in common, and demanded an account of the rents and profits.
Read the full summary
Civil actioN, tried before bis Honor, Judge Furehes, at Fall Term, 1875, of the Superior Court of Wilees county. The following is substantially a statement of the case as sent to this court as a part of the record. The action was brought by the plaintiff against the defendants for the partition of a tract of land situated in "Wilkes county, N. C. The plaintiff alleged that the plaintiff and defendants were tenants in common, and demanded an account of the rents and profits. The summons was returnable to Fall Term, 1875, of the Superior Court of said county, at which term, and before answering…
1Opinion of the CourtRodman, J.
The plaintiff was allowed by the Judge to prosecute her action > n forma pmtp<-n , upon her presenting to him a certificate of two counsel to the effect that they had examined her case, and -were of opinion that she had a good cause of action, and her affidavit of her poverty. The affidavit purported to have been sworn to before the clerk of the Chancery Court of Hinds county, Mississippi, and was authenticated by what purported to be the seal of that court. The defendant contends that the Judge exceeded his powers, because the statute, Bat. Rev. chap. 17, sec. 72, (Act of 1868-’69, chap.…
2Cited by2 opinions
- Ogburn v. . Sterchi Brothers Stores, Inc.Supreme Court of North Carolina · 1940
- Stell v. . BarhamSupreme Court of North Carolina · 1881