Porter v. Western North Carolina Railroad

Clabic, J.:

This cause was tried a.t August Term, 1889, of Buncombe Superior Court, and the appeal was docketed here April 14th, 1890. The case on appeal was settled and filed in the Clerk’s office below, in time for the transcript on appeal to have been docketed here before the call of causes from that district was concluded at Fall Term, 1889. The appellant, however, insists that as the appellee did not move to docket and dismiss during the week allotted to that district, that the appeal, docketed at this term, cannot be dismissed, and relies upon Barbee v. Green, 91 N. C., 158; Rollins v.…