Sanders v. . Thompson

Citations

• 19 S.E. 225
• 114 N.C. 282

Syllabus

<p>('eriiorari — Practice—Docketing Appeal — Non-payment of Clerk’s Fees for Sending up Transcript.</p> <p>1. An appellant, instead of docketing the appeal during- tlie September Term of this Court (as might have been done, the appellee not having moved to docket and dismiss), toward the latter part of the Term (December 16, 1893) applied for a certiorari to be heard on December 18th; the required time of notice was not shortened by the Court and the notice itself was not given to the officer for service until the 12th January, 1894: Held, that on account of the laches and irregularity of petitioner the writ will not be issued.</p> <p>2. The Clerk of the Court below is entitled to receive his fees before. being required to send up a transcript on appeal, and, therefore, a writ ef certiorari will be refused where it appears from the affidavit of the Clerk that the transcript was not sent up because the appellant failed, after repeated demands, to pay the fees, and in his reply to the answer setting forth the Clerk’s affidavit the petitioner did not tender the fees.</p> <p>3. 'Wherfe an application for certiorari states that the papers asked to be sent up were lost, but does not aver that steps have been taken to supply them, the writ will not issue.</p>