Carroll v. Victory Manufacturing Co.

Pee CubiaM.

Tbe defendants filed motion Tuesday, 5 October, 1920, at 9 :30 a. m., to docket and dismiss tbe appeal in tbis case. Tbe plaintiff filed bis transcript on appeal thereafter at 11:15 a. m. tbe same day.

Eule 5 of tbis Court (174 N. C., 828) provides: “Eule 5. When heard. Tbe transcript of tbe record on appeal from a judgment rendered before tbe commencement of tbe term of tbis Court must be docketed at sucb term 7 days before entering upon tbe call of tbe docket of tbe district to wbicb it belongs, and stand for argument in its order; if not so docketed, tbe case shall be continued…