State Ex Rel. Pipkin v. McArtan

Citations

• 29 S.E. 334
• 122 N.C. 194
• 1898 N.C. LEXIS 223

Syllabus

<p>Appeal — Service of Case on Appeal — Practice—Buie of Court — Agreement of Counsel — Entry on Record.</p> <p>1. As the time for service of case on appeal is fixed by statute, it cannot-be extended by the trial judge or otherwise except by consent.</p> <p>2. Stipulations as to extension of time for service of case on appeal must be entered on the record'or be contained in some writing; otherwise, if an alleged agreement for such extension is denied it will not be considered by this Court.</p> <p>3. An entry on the Superior Court docket of “20 days” is meaningless in itself but, if it was an entry which the Court was authorized to make, the Judge could at a subsequent term draw it out at greater length so as to make the record speak the truth.</p>