Cox v. . Jones

Clark, J.:

This was a motion made in September, 1888, to set aside a judgment rendered in a special proceeding in 1871. The appeal was docketed here at Fall Term, 1891. The record of the special proceeding not being sent up, a certio-rari was sent down, to which the Clerk returned, that after diligent search, only fragmentary parts thereof could be found, and these he sent up. Thereupon, at Spring Term 1892, the case was remanded (110 N. C., 309), to the end that the. appellant might take steps to have the lost record supplied by proper proceedings in the Court below. This he has not done, and…