Futrell v. . Spivey

63 N.C. 526

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Read®, J.

The case is considered by us upon the record and the Judge’s case as signed by him and certified by the Clerk, and not upon the loose paper purporting to be a statement of the case by the appellant, which is not certified. We may say however, that our decision would be the same if we had put it upon the appellant’s statement.

The plaintiff had had a day in Court to justify the security for the prosecution of the suit, or to give other; and upon his failing to do either, it was proper that the suit should be dismissed. After it had been dismissed, whether his Honor would allow the plaintiff further time or accept a bond subsequently tendered, was a matter of discretion which we can not review.

Pee C URIAH. No Error.