Ogburn v. . Sterchi Brothers Stores, Inc.

The defendant’s first assignment of error is “That the court erred in overruling the defendant’s motion to dismiss on account of failure to post bond or comply with section 493, et seq., of the Consolidated Statutes of North Carolina.”

The record discloses that the plaintiff did not give an undertaking, did not make a deposit in lieu thereof, and did not file written authority from the judge or clerk authorizing plaintiff to sue as a pauper, as by C. S., 493, required. The record further discloses that the plaintiff did not make affidavit that she was unable to comply with the preceding…