Hawkins v. Western Union Telegraph Co.

This cause was tried at January term of Craven, beginning 5 January, 1914. Prom tbe verdict and judgment the defendant appealed. Under Rule 5 of this Court, 164 N. C., 540, the transcript of the record should have been docketed by Tuesday of the week preceding the call of the Fifth District, to which it belonged, that is, on or before 24 February, 1914, and if not docketed at that time the appellee had a right to docket the clerk’s certificate and dismiss under Rule 17 at any time thereafter during the term (164 N. C., 544), provided the motion was made before the appellant docketed his…