Opinion · Supreme Court of North Carolina

State v. . Divine and Another

State v. . Divine & Another, 69 N.C. 390 (N.C. 1873)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1873-06-05
Topic
general

Settle, J. There is no case before us. The Act of 1869-’70, chap. 196, entitled, “ An act to enable poor persons to appeal to the Supreme Court in State cases,” give the right of appeal to insolvent defendants upon their complying with certain requisites specified in the Act. The record sent up states that “it appearing to the satisfaction of the Court here,, that the said John Divine and William Brooks are insolvent, they are allowed to appeal without security.” The insolvency of the party is not alone sufficient to entitle him to the benefits of this act; it must also appear by the affidavit, which must be filed before the Judge can grant *391 the appeal, that the defendant is advised by counsel that he has reasonable cause for the appeal prayed for, and that the application is in good faith. Both of these essential requisites are wanting in the record before us.

Citator

UpLaw has not yet analyzed State v. . Divine and Another. The absence of a flag is not a finding that it is good law.

Cited by
11 opinions