Thrasher v. Burlage

We do not reach the errors assigned by appellant, Daniel L. Thrasher, Jr., Executor of the Estate of Emma P. Thrasher, Deceased, because we have concluded that the writ must be dismissed for non-compliance with the Rules of Court.

In his motion to dismiss, appellee D. H. Burlage invokes Rules 5:35, 5:36, 5:37 and 5:48. The provisions of these Rules, applicable whenever an appeal is not to be heard on the original record, Rule 5:41, are plain and uncomplicated. Within 10 days after the date of a certificate awarding an appeal, the appellant must, in the absence of an agreement “as to the…