Edward Douglass White

“ The 3d governs the conduct of court officers in cases coming under the statute. The 4th authorizes the appointment by the court of an attorney to represent poor persons 'if it deems the cause worthy of a trial,' and empowers the court at any stage after permitting proceedings as a poor person to dismiss the suit 'if it be made to appear that the allegation of poverty is untrue, or if said court be satisfied that the alleged cause of action is frivolous or malicious.' The 5th and last section points out the manner of entering judgment concerning costs in cases under the statute. ”

“ And the assignments of error but challenge, for reasons which it is unnecessary to recapitulate, the lawfulness of the action of the clerk in originally refusing to comply with the request to file the attachment proceedings and enter the default judgment and assess the damages before the first day of the term following the issue of the writ, and therefore but assail all the various opinions and judgments to which we have referred in stating the history of the case.
Under these circumstances we think it is manifest that no ground is shown for the allowance of the prayer of the petition. ”