Atlantic Insurance & Realty v. Davidson

MARTIN, Justice.

The issue on this appeal is whether the trial judge properly denied defendant’s petition to proceed in forma pauperis in the district court upon trial de novo of the claim resolved against her before a magistrate in the small claims court. We conclude that the trial judge erred, and we therefore reverse the decision of the Court of Appeals.

This case was instituted in the small claims court of the district court of the Eighteenth Judicial District. Judgment was entered against the defendant by the magistrate presiding in the district court small claims court. Thereupon,…