Bell v. . Nivens

We have bere a question of appellate procedure.

A writ of certiorari from this Court is not available to extend the time for preparation and service of statement of case on appeal. Smith v. Smith, 199 N. C., 463, 154 S. E., 737. This is a matter which belongs to the parties and the court below, S. v. Moore, 210 N. C., 686, 188 S. E., 421, subject to the limitation that the extension may not carry the appeal beyond the time it is due here. Pruitt v. Wood, 199 N. C., 788, 156 S. E., 126. It is axiomatic among those engaged in appellate practice that a “statement of case on appeal not served in…