Critz v. Sparger.

Clark, J.:

Tlie petition is not verified as demanded by Rule 42 and there is no transcript of the record proper, nor reason given for its absence and nothing to negative laches in not having that, and the case on appeal also, docketed. Burrell v. Hughes, 120 N. C., 277 and cases cited; Brown v. House, 119 N. C., 622; Parker v. Railroad and Rothchild v. McNichol, the last two at this term. It is true it is alleged that the case on appeal was filed in the Clerk’s office and that the Clerk has failed to send up the transcript, but there is no allegation that the appellant has tendered the fees…