Powell v. . Moore

The Court is without jurisdiction to entertain the appeal, and the same will be dismissed on authority of McIntire v. McIntire, 203 N. C., 631, Hanna v. Timberlake, ibid., 556, and S. v. Stafford, ibid., 601.

It is provided by C. S., 649, inter alia, the provisions of which are mandatory and not directory, that an appeal in forma pauperis “when passed upon and granted by the clerk shall be within ten days from the expiration by law of said term of court.” The clerk, therefore, was without authority to enter the order, allowing the plaintiff to appeal in forma pauperis, fifty-nine days after…