Note. — The act of 1810, Rev. ch. 793, requites security to be taken in the same manner as in the case of appeals, and 1 believe that the securities in such cases are considered in the same light, as sureties to an appeal bond, and where the judgment of the Court bi.low is affirmed in the Superior Court, judgum nt may be entered up instanter against the Plaintiff in the certiorari and his securities.
Waller v. Broddie, 2 N.C. 38, 1 Hayw. 38 (1794)
April 1794
·
North Carolina Superior Court
2 N.C. 38, 1 Hayw. 38
Waller v. Broddie.
Certiorari. The Plaintiff after obtaining the certiorari to remove 1 his cause from the Court below, into which it liad come by appeal from the judgment of a Justice of the Peace, had removed into South-Carolina ; and now upon motion to the Court for that purpose, Judge Wiii-xiams upon the bench, it was ordered, that unless by the next term or before, the Plaintiff put in sureties for prosecuting this cause, and for paying costs in case he fail therein, that this cause shall be dismissed. The Judge said upon this occasion, that the act of 1787, frequently operated with hardship, and peculiarly so, in the case of poor persons who had suffered injuries and were unable to give security ; and in some cases, the Court since that act, b«d permitted such persons to sue in forma pauperis,. without any sucii security ; but as the act was passed by the Legislature, the Court was bound by it. That the wot d writ, in the act., extended to the case of a certiorari, as well as to cases of bills in equity ; in w hich case, it had been decided, that such security should be given.