Abernethy v. . Burns

This is the same case that was before us at the Spring-Term, 1934, reported in 206 N. C., 370, 173 S. E., 899. There it was said in regard to the plaintiff, a layman, trying his own lawsuit: “He may not get to first base, but he is entitled to come to the bat.” Continuing the simile, he did come to the bat at the May Term, 1936, and was called out on strikes. He again appeals, complaining at the rulings of the umpire.

In his application to appeal in forma pauperis, plaintiff avers he “is advised by two counsel learned in the law that there was error of law in the ruling of the court below.”…