Samuel Weber and Wife v. . Benjamin Taylor
Supreme Court of North Carolina
This was an application made to this Court for a certiorari without giving bond and security, upon-affidavit of insolvency, and certificate of counsel of merits. An order nisi was made and notice to the defendants, and this counsel was given, and was argued at the present term. 1. It is discretionary with the Court whether any pauper can sue in it. 2. Acts 1868-’69, p. 220, prescribe that any Judge, &c., may authorize any person to sue in forma pauperis.
1Opinion of the CourtPbabsoN, C. J.
The only question presented is as to the power of this Court, to grant a wrifpof certiora/ri, in the nature of an appeal, without requiring bond and security as in -case of appeal. Upon the petitioners filing an affidavit such as would be required in the Superior Court to support an order for leave to sue in forma pauperis.
“ To render an appeal effectual for any purpose a written undertaking must be executed on the part ot the appellant by at least two securities,” &e. This takes away the right of appeal without security, and we are forced to apply it to a certiorari, which is to answer for…
2Cited by2 opinions
- Stell v. . BarhamSupreme Court of North Carolina · 1881
- Leach v. . JonesSupreme Court of North Carolina · 1882