Graham v. . Edwards

Clark, J.:

This action was tried at November Term, 1892, of the Court below, and should-have been docketed here before the close of the call of the District to which it belonged at Spring Term, 1893. Though, as the appellee did not move to dismiss under Rule 17, the appeal could have been docketed at any time during that term. Porter v. Railroad, 106 N. C., 478. The appeal was not docketed till Fall Term, 1893, and was then, on motion of appellee, dismissed. This is a motion to re-instate the appeal made at Fall Term and continued over to this. It is based on two grounds:

-1. That the counsel…