26 S.E. 160 | N.C. | 1896
The point presented has already been three times passed upon by this Court: in Martin v. Chasteen,
The above applies only in civil cases. In criminal actions the appellant, whether the State or defendant, and whether, the latter appealsin forma pauperis or not, is not required to pay costs of transcript in advance. S. v. Nash,
Instead of extending the cases in which officers shall perform duties to litigants without charge, the tendency of legislation is the other way; as chapter 149, Laws 1895, provides that where a plaintiff, admitted to sue informa pauperis, recovers in his action, he shall recover costs, and of course must pay them; for if he does not pay costs there is none he could recover. The leave to sue as a pauper, Code, secs. 210 and 212, does not go beyond the Superior Court. The appeal as a pauper is governed by section 553.
The petitioner, having refused to pay the costs of the transcript, is not entitled to a certiorari, but, if diligent, he can, by paying the costs therefor, still docket his appeal in time, provided he does so at this term before the appellee has docketed and had the appeal dismissed. Triplett v.Foster,
CERTIORARI DENIED.
Cited: Brown v. House, post, 623; S. v. Deyton, post, 883; Smith v.Montague,
(359)