Christian v. Railroad Co.
Supreme Court of North Carolina
■ ActioN by L B. Christian, administrator of A. B. Wosser, against the Atlantic and North Carolina Bailroad Company, hoard by Judge U. B. Bryan, at October Term, 1904, of the Superior Court of Durham County. From an order allowing the plaintiff to sue in forma pauperis, the defendant appealed.
1Opinion of the Court
Clare, O. J.
This is an action by an administrator for the wrongful death of his intestate, under The Code, sec. 1498. The plaintiff having been allowed to bring the action in forma pauperis under The Code, sec. 210, the defendant moved to require the plaintiff to file a prosecution bond, which the Court refused. The only point intended to be presented is, whether an executor or administrator can bring an action in forma pauperis. It has been the unquestioned practice since the adoption of The Code, thirty-six years ago, that a personal representative could sue as a pauper upon proper…
2Cases cited11 opinions
- Cooper v. . WymanSupreme Court of North Carolina · 1898
- Killian v. Southern Railway Co.Supreme Court of North Carolina · 1901
- State v. . WyldeSupreme Court of North Carolina · 1892
- Dale v. . PresnellSupreme Court of North Carolina · 1896
- Arrington v. . ColemanSupreme Court of North Carolina · 1806
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Purdy v. NordquistSupreme Court of Minnesota · 1959
- In Re Estate and Guardianships of WilliamsSupreme Court of Minnesota · 1959
- Brendle v. . HeronSupreme Court of North Carolina · 1873
- Empire Manufacturing Co. v. SpruillSupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.