Dixon v. Dixon

Rule 5 of the Rules of Practice in the Court of appeals of North Carolina provides in part that the record on appeal shall be docketed within 90 days after the date of the judgment, order, decree or other determination appealed from. Here the appeal entries, presumably prepared by counsel, allowed appellant 60 days to serve the case on appeal and allowed appellee 30 days after such service to serve countercase or exceptions. Obviously, if the parties used all of the time allowed under the order, as in fact they did, the record on appeal could not reasonably be docketed in the Court of Appeals…