Supreme Court of North Carolina, 1876

Hamlin v. Neighbors

Hamlin v. Neighbors
Supreme Court of North Carolina · Decided June 15, 1876 · Read
75 N.C. 66
Hamlin v. Neighbors

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Read's, J.

If 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.

There is error. Let -this be certified.

Pee,- Cubiam. Judgment reversed.

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