Avery v. . Pritchard

Citations

• 11 S.E. 281
• 106 N.C. 344

Syllabus

<p>Perfecting Appeal — Dismissal—Failure to Print — Call of the District — Motion.</p> <p>1. Where a case upon appeal was settled and filed in the Clerk’s office on the first day of November, 1839, and the transcript on appeal docketed November 30th in the Supreme Court, the call of cases of the district being on December 2d, a motion for dismissal made by appellee for failure to print should be granted.</p> <p>2. An appeal from a judgment rendered before the commencement of the term of this Court must be docketed at such term before the conclusion of the call of the district.</p> <p>3. There is no requirement, as a prerequisite for perfecting appeals, that the term at which the judgment was rendered should end ten days before the commencement of the term of this Court. The head-note in Gregory v. Hobbs, which so indicates, is misleading.</p> <p>4. The law favors promptness and diligence in sending up appeals, and, when docketed in time, appeals stand for argument even in cases tried below during the same term of the Supreme Court (Rule 5), though the rule allows the appeal to be taken to the next.</p> <p>(Avery, J., did not sit.)</p>