75 N.C. 66
Supreme Court of North Carolina
Decided June 15, 1876
Supreme Court of North Carolina · decided 1876-06-15
Civil Action, -originally commenced by Crawley, tried oh ■a motion in the cause, before Judge Kerr at Fall Term, 3875, of Randolph Superior Court. The Court permitted, on a proper cause shown, Crawley, he testator of the plaintiff, to sue in forma pauperis. After the action had been pending in Court for several terms, it was submitted to referees.
Cited by 1 later decisions — most recently November 1904
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1876-06-15
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¶1If the’ exeeutor, Hamlin, when he applied to be made party plaintiff, had filed a petition' and shown a proper case, he might have been permitted under the authority of Mason v. Osgood, 71 N. C. Rep., 212, to continue the suit in forma pauperis. But, as he did not do that, then under the authority of Osbo'i'ne v. Henry, 66 N. C. Rep., 354, he ought to have been required to give a prosecution bond.
¶2There is error. Let -this be certified.
¶3Pee,- Cubiam. Judgment reversed.