Williams v. ASHEVILLE CONTRACTING COMPANY

We hold that where an appeal is taken from an order sustaining a demurrer on the ground that the complaint does not state a cause of action, the appellant may abandon his appeal; and a nonsuit entered by the Clerk of the Superior Court, at appellant’s request, is tantamount to an abandonment of the appeal. Leggett v. Smith-Douglass Company, Inc., 257 N.C. 646, 127 S.E. 2d 222.

The case on appeal not having been served within the time allowed, it was subject to dismissal in the Superior Court pursuant to G.S. 1-287.1, without moving to docket and dismiss in the Supreme Court. However, when the…