Armour Packing Co. v. Williams

Citations

• 29 S.E. 366
• 122 N.C. 406
• 1898 N.C. LEXIS 272

Syllabus

<p>Appeal — Docketing Appeal — Dismissal— Printing Record on Appeal — Practice.</p> <p>1. Unless appellant dockets his appeal by the beginning oí the call of the calendar for the district to which his case belongs, the appellee can move to docket and dismiss; if such motion, however, is not made until after the appellant actually dockets his appeal, at any time during the term, the motion is too late, the appellee’s lack of diligence serving to cure the appellant’s previous laches.</p> <p>2. As an appeal docketed after the time required does not stand for argument until the next ensuing term, it is sufficient if the transcript is printed when the case is reached for argument.</p>