Opinion

Prevatte v. Prevatte

  • 239 N.C. 120
  • 79 S.E.2d 264
  • 1953 N.C. LEXIS 375
Court
Supreme Court of North Carolina
Filed
Dec 16, 1953
Status
Published
Cited by
1 cases
Authority
More cited than 69.1%

The opinion

Per Curiam.

This was a suit for divorce a mensa. From order denying motion for alimony pendente Ute the plaintiff gave notice of appeal and attempted to appeal in forma pauperis. However, it appears *121 that there was no order allowing appeal in forma, pauperis after the filing of affidavit of poverty subsequent to the term. GLS. 1-288. True, the judge wrote in the judgment “plaintiff allowed to appeal in forma pau-peris upon compliance with the statute,” but this would not authorize disregard of the provisions of the statute. Anderson v. Worthington, 238 N.C. 577 . The requirements of the statute allowing appeals in forma pauperis are mandatory and failure to comply deprives this Court of any appellate jurisdiction. Williams v. Tillman, 229 N.C. 434 , 50 S.E. 2d 33 ; Brown v. Kress & Co., 207 N.C. 722 , 178 S.E. 248 .

Appeal dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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