Cole v. . Gaither

171 S.E. 611, 205 N.C. 473
Supreme Court of North Carolina·Decided November 22, 1933·Published·Cited by 1 cases

Opinion

Pee CueiaM.

The order allowing the plaintiff in this action to appeal in forma pauperis from the judgment of the Superior Court to this Court, was signed by the clerk more than ten days after the expiration of the term of the Superior Court at which the judgment was rendered. The clerk was without authority to sign the order on 25 May, 1933, and the appeal must for that reason be dismissed. This Court is without jurisdiction to hear the appeal. Powell v. Moore, 204 N. C., 654, 169 S. E., 281; S. v. Pike, ante, 176.

Appeal dismissed.

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Cole v. . Gaither, 171 S.E. 611, 205 N.C. 473 (N.C. 1933).

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78 S.E.2d 333 (Supreme Court of North Carolina, 1953)