Hanna v. . Timberlake

The Court is without jurisdiction to entertain the appeal, and the same will be dismissed on authority of Honeycutt v. Watkins, 151 N. C., 652, 65 S. E., 762.

The attempted appeal is in forma pauperis, and the affidavit, filed more than ten days after entry of judgment, is defective, in that, it does not contain the averment, required by C. S., 649, that appellant “is advised by counsel learned in the law that there is error of law in the decision of the Superior Court in said action.” This is a jurisdictional requirement. Riggan v. Harrison, ante, 191; Russell v. Hearne, 113 N. C., 361, 18 S.…