# Prevatte v. Prevatte

> Supreme Court of North Carolina · December 16, 1953 · 239 N.C. 120

URL: https://www.frixlaw.com/law-library/cases/6699622

## Case

- **Full name:** MRS. FRANCES PREVATTE v. W. D. PREVATTE
- **Court:** Supreme Court of North Carolina
- **Decided:** December 16, 1953
- **Citations:** 239 N.C. 120; 79 S.E.2d 264; 1953 N.C. LEXIS 375
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6699622

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6699622. Public record. Not legal advice.