Paine v. . Cureton

Citations

• 19 S.E. 631
• 114 N.C. 606

Syllabus

<p>Practice — Appeal—Dismissal—Motion to Re-instate.</p> <p>1. Where an appeal was dismissed because not docketed before the perusal of the district to which it belongs, as provided in Rule 17, and appellant moved to re-instate on the allegation that he had directed the Clerk to send up the transcript and paid the fees therefor in advance, the motion will be denied, for, although such allegation would have been a sufficient answer to the motion to dismiss if affidavit had been filed to such effect and a certiorari applied for, yet it was laches not to interpose such affidavit and show excuse for the failure.</p> <p>2. Practice in regard to docketing appeals discussed by Clark, J.</p>