Foy v. . Gray

Clare, 0. J.

The plaintiff did not docket his appeal “seven days before the call of the cases of the district to which it belongs.” Rule 5. If the appellee had moved to dismiss at that time or at any later day prior to the actual docketing of the transcript on appeal, the motion must have been allowed. Rule 17. But the appellee deferred making the motion till the call of the district had begun, and before that time the appeal had been docketed. The appellee was thus himself guilty of laches, and his motion to dismiss is denied. Cr addock v. Barnes, 140 N. C., 428; Curtis v. Railroad, 137 N.…