Lupton v. . Hawkins

The Court is without jurisdiction to entertain the appeal, due to the defective affidavit upon which plaintiff was allowed to appeal in forma pauperis, and the same is dismissed on authority of Riggan v. Harrison, 203 N. C., 191, 165 S. E., 358; Hanna v. Timberlake, 203 N. C., 556, 166 S. E., 733; and Honeycutt v. Watkins, 151 N. C., 652, 65 S. E., 762.

The plaintiff does not aver in her affidavit, -as required by C. S., 649, that she “is advised by counsel learned in the law that there is error in matter of law in the decision of the Superior Court in said action.” The requirements of the…