In Re Burwell's Will

Clark, J.:

This is a motion by the appellee to docket and dismiss under Rule 17 an appeal which the appellant should have docketed “before the Court begins the call of causes from the district” (formerly “during the first two days of the call”) to which it belongs. Amended Rules 5 and 17, 121 N. C., 694, 695. This motion can be made at, or at any time after, the beginning of the call of the district if the appeal has not then been docketed. The objection is made that this motion is made after the week assigned to that district has passed and is too late. The objection is invalid. Under the…