Berwer v. Union Central Life Insurance

The affidavit filed in the appeal in forma pauperis is defective, in that it does not contain the averment required by O. S., 649, that appellants are “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.” This is a jurisdictional requirement and for that reason the appeal must be dismissed. Hanna v. Timberlake, 203 N. C., 556. See, also, an applicable discussion of this subject in Powell v. Moore, 204 N. C., 654.

On 16 November, 1936, the appellants made an additional affidavit containing the averment omitted from the…