Paine v. . Cureton

Clark, J.:

This appeal, not having been docketed before the close of the call of causes of the district to which it belongs, was dismissed upon certificate filed .as provided in Rule 17. At the same Term the appellant moved to re-instate on the allegation that he had directed the Clerk to send up the transcript and had paid the fees therefor in advance, and that there was no laches on his part. This .would have been a sufficient answer to the motion by appel-lee to dismiss, if the appellant had then filed affidavit to that effect and asked for a certiorari. It was laches not to do this, and…