Sneed v. State Highway Commission

Stacy, O. J.,

after stating the case: It is the position of the plaintiff that as the defendant failed to have the clerk “transfer the case to the civil-issue docket for trial of the issues at the next ensuing term of the Superior Court” (C. S., 634), it has lost its right of appeal, and that by analogy to an appeal from a justice of the peace, where the appellant fails to have his appeal docketed as required by law, the appellee may, at the term of court next succeeding the term-to which the appeal is taken, have the case placed upon the docket (C. S., 660), and the judgment affirmed upon…