Gilmore v. Imperial Life Insurance
Cases that cite this one
3 later published cases cite this decision.
- Williams v. . Tillman (N.C. 1948)
- Clark v. . Clark (N.C. 1945)
- Allen v. National Accident & Health Insurance (N.C. 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The interpretation of the policy in suit, as announced in the court below, that plaintiff’s injury is not within its terms, finds support in the following eases: Whitaker v. Ins. Co., 213 N. C., 376, 196 S. E., 328; Headen. v. Ins. Co., 206 N. C., 860, 175 S. E., 282; Gilmore v. Ins. Co., 199 N. C., 632, 155 S. E., 565; Jolley v. Ins. Co., 199 N. C., 269, 154 S. E., 400; R. R. v. Casualty Co., 145 N. C., 114, 58 S. E., 906. The nonsuit would seem to be correct.
But for another reason, the appeal must be dismissed. The Court is without jurisdiction to entertain it. The attempted appeal is in forma pauperis, and the supporting affidavit is defective, in that, it does not contain the averment, required by C. S., 649, that appellant “is advised by counsel learned in the law that there is error of law in the decision of the Superior Court in said action.” This is a jurisdictional requirement. Lupton v. Hawkins, 210 N. C., 658, 188 S. E., 110; Powell v. Moore, 204 N. C., 654, 169 S. E., 281; Hanna v. Timberlake, 203 N. C., 556, 166 S. E., 733; McIntire v. McIntire, ibid., 631, 166 S. E., 732; Riggan v. Harrison, ibid., 191, 165 S. E., 358; Honeycutt v. Watkins, 151 N. C., 652, 65 S. E., 762.
There is no authority for granting an appeal in forma pauperis without proper, supporting affidavit. Lupton v. Hawkins, supra.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.