Abernathy v. Mitchell

The plaintiff in error entered an appeal from the judgment of the court of ordinary of Jackson county. In connection with her appeal she made an affidavit that owing to her poverty she was unable “to pay the costs and give the security required bylaw in cases of appeals.” The judge of the superior court dismissed the appeal, because in the affidavit in forma pauperis the word “and” *128was used instead of the word “or.” Before the rendition of this judgment, counsel for the appellant asked leave to amend the affidavit by inserting therein the word “ or” in place of the word “ and,” offering an…