Standard Mirror Co. v. Philadelphia Casualty Co.

plaintiff’s appeal.

Walker, J.

Tbe above-entitled action was tried at February Term, 1911, of Guilford Superior Court, and both parties *30appealed from tbe judgment therein. Tbe plaintiff failed to docket its appeal at this term of Court, as it was required to do, and tbe defendant moved to dismiss tbe appeal under Rule 17. Tbe motion of tbe defendant would be granted but for tbe fact tbat plaintiff bad abandoned tbe appeal below. Rule 17 (140 N. C., 493) provides tbat sucb a motion shall be made during tbe term of this Court to which tbe appeal is returnable, and not after said term; so tbat tbe…