Davison v. West Oxford Land Co.

ClaeK, J.:

This is a motion to docket and dismiss the plaintiff’s appeal in this case under Rule 17. It appears that the term of the court below, at which the trial was had, began before the first day of this term of this court, but that it did not adjourn till after the term here had begun. While such appeal might be docketed at this term, this is not imperative (Rule 5, Porter v. R. Co., 106 N. C., 478), and the motion to docket and dismiss must be denied. The rule that the term of a court is considered as one day and that all judgments date as of the first day of the term (Farley v. Lea, 20…