McCanless v. . Reynolds

The appeal in this ease was dismissed at the last term (McCanless v. Reynolds, 90 N. C., 648,) upon the ground, that an undertaking upon appeal had not been filed within the time prescribed by law, and the same had not been waived.

The appellant at that term made application by petition for the writ of certiorari, alleging that a proper undertaking had been given, and if not filed within the time prescribed by law, it had been filed by the consent of the appellee’s counsel, and the clerk had mislaid it, or at all events, failed to attach it to and send it up with the transcript of the record…