State v. . Jones
Supreme Court of North Carolina
Appeal in forma pa.vperis — ■Presumption. Indiotment for an Affray, tried before MaaRae, Judge, and a jury, at Spring Term, 1885, of Caldwell Superior Court. When the case was called in this Court, the Attorney General moved to dismiss for the reasons set out in the opinion.
1Opinion of the CourtMebkimoN, J.
The Attorney General moved to dismiss this appeal upon the ground that the order allowing the defendant to appeal without giving security for costs, was improvidently granted, in that the affidavit upon which it was founded, failed to state that the application for such order was made in good faith.
The affidavit was not sent up as part of the transcript of the record, but the order recites, that “upon the affidavit filed in this case by the appellants that they are unable to file an appeal bond, or make a money deposit in lieu thereof,” &c.
It is manifest that the affidavit was insufficient.…
2Cases cited2 opinions
- State v. . MorganSupreme Court of North Carolina · 1877
- State v. . Divine and AnotherSupreme Court of North Carolina · 1873
3Cited by7 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- State v. . StaffordSupreme Court of North Carolina · 1932
- State v. HarrisSupreme Court of North Carolina · 1894
- State v. . HarrisSupreme Court of North Carolina · 1894
- State v. . RhodesSupreme Court of North Carolina · 1893
2 more not listed; retrieve them via the Exa API.