Russell v. . Hearne
Supreme Court of North Carolina
■ This was an action brought under section 3836 of The Code, to recover twice the amount of interest alleged to have been paid by plaintiff to defendant in certain usurious transactions, tried before Winston, J., and a jury, at Spring Term, 1893, of Stanly Superior Court. There was a verdict and judgment for defendant. Plaintiff appealed in forma pau-peris.
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■ This was an action brought under section 3836 of The Code, to recover twice the amount of interest alleged to have been paid by plaintiff to defendant in certain usurious transactions, tried before Winston, J., and a jury, at Spring Term, 1893, of Stanly Superior Court. There was a verdict and judgment for defendant. Plaintiff appealed in forma pau-peris. In this Court defendant moved to dismiss the appeal, “ because it does not appear that the plaintiff desired an appeal at' the time of the trial, according to section 553 of The Code.”
1Opinion of the Court
MacRae, J.:
The term of the Court began on the 10th of April, and was by law then limited to one week. The provisions of section 550 of The Code, with regard to entry of appeal and services of notice, appear by the record to have been strictly complied with.
The affidavit of inability to give security on appeal, required by section 553, was made on the 15th, and the certificate’of counsel and order of the Clerk allowing the appeal to be taken without giving security, were made and filed on the 22d of April, the affidavit on the last day of the term, if the Court continued during the week, in…
2Cases cited1 opinion
- Cox v. . BrookshireSupreme Court of North Carolina · 1877
3Cited by3 opinions
- Hanna v. . TimberlakeSupreme Court of North Carolina · 1932
- Cecil v. . HendersonSupreme Court of North Carolina · 1896
- Houston v. Lumber Co.Supreme Court of North Carolina · 1904