HAMLIN v. NEIGHBORS

Exector — In Forma Pauperis.

The executor of a testator, who has been allowed to carry on a suit in forma pauperis, may continue such suit without giving bond, if, at the time he applies to be made a party, he files a petition showing a proper case.

READE, J.

If the executor, Hamlin when he applied to be made party plaintiff, had filed a petition and shown a proper case, he might have been permitted under the authority of Mason v. Osgood, 71 N.C. 212, to continue the suit in forma pauperis. But, as he did not do that, then under the authority of Osborne v. Henry, 66 N.C. 354, he ought to have been required to give a prosecution bond. There is error.

PER CURIAM. Reversed.

Cited: Christian v. R. R., 136 N.C. 322.