Hamlin v. . Neighbors

Supreme Court of North Carolina

Hamlin v. . Neighbors

75 N.C. 66

DecidedJune 5, 1876

StatusPublished

This text of 75 N.C. 66 (Hamlin v. . Neighbors) 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

Hamlin v. . Neighbors, 75 N.C. 66 (N.C. 1876).

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Opinion

If the executor, 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. 212, to continue the suitin forma pauperis. But, as he did not do that, then under the authority ofOsborne v. Henry, 66 N.C. 354, he ought to have been required to give a prosecution bond. There is error.

PER CURIAM. Reversed.

Cited: Christian v. R. R., 136 N.C. 322. *Page 64

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If the executor, 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. 212, to continue the suitin forma pauperis. But, as he did not do that, then under the authority ofOsborne v. Henry, 66 N.C. 354, he ought to have been required to give a prosecution bond. There is error.

PER CURIAM. Reversed.

Cited: Christian v. R. R., 136 N.C. 322. *Page 64

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Bluebook (online)

75 N.C. 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamlin-v-neighbors-nc-1876.

Opinion

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