Rowark v. . Homesley

68 N.C. 91

• Court: Supreme Court of North Carolina
• Decided: January 5, 1873
• Status: Published

Opinion

Pearson, C. J.

In the absence of any other provision,., the privilege of suing in forma pauperis might by implication include the right to appeal and to have the provisional remedies also, in forma pauperis; that is, without giving an undertaking with sureties. But C. C. P., sec. 152, provides,. “ Before making the order (of arrest), the Judge shall require a written undertaking on the part of the plaintiff, with sureties, to the effect,” &c. This express provision excludes ■ the implication, that a plaintiff who is allowed to sue without giving a prosecution bond, is also to have the right to an order of arrest without a written undertaking. See also C. C. P., sec. 174.

There is no error in the ruling hy which the order for the -arrest is vacated.

This will be certified.

.Per Curiam.

Order confirmed.