Cole v. . Gaither

Supreme Court of North Carolina

Cole v. . Gaither

171 S.E. 611, 205 N.C. 473

CourtSupreme Court of North Carolina

DecidedNovember 22, 1933

StatusPublished

Cited by1 cases

This text of 171 S.E. 611 (Cole v. . Gaither) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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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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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Bluebook (online)

171 S.E. 611, 205 N.C. 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-gaither-nc-1933.

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