Howard v. . Speight
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at November Term, 1919, of Edgecombe. Motion to dismiss. This was an action for partition at November Term, 1919, of Edgecombe. By consent, the cause was heard at chambers, 15 December, 1919, and notice of appeal given, bond being fixed at fifty dollars.
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Appeal by defendant from Devin, J., at November Term, 1919, of Edgecombe. Motion to dismiss. This was an action for partition at November Term, 1919, of Edgecombe. By consent, the cause was heard at chambers, 15 December, 1919, and notice of appeal given, bond being fixed at fifty dollars. Tbe “case on appeal” was settled by tbe judge 9 January, 1920. Tbe appeal was not docketed bere at spring term, nor until 3 August, 1920. At tbe beginning of tbe call of tbe district at tbis term, the appellee moved to dismiss because not docketed at tbe spring term as required by Rule 5 of tbis Court.
1Opinion of the CourtClark, C. J.
Tbe motion to dismiss must be allowed, Rules 5 and 16 of tbis Court, 174 N. C., 828, 831.
Tbe settled practice of tbis Court under tbe above rules is tbus summarized in Porter v. R. R., 106 N. C., 479:
1. Appeals in causes tried before tbe commencement of a term of tbis Court must be docketed (as tbe rule now stands) “At sucb term, seven days before entering tbe call of tbe docket of tbe district to wbicb tbey belong and stand in tbeir order for argument.”
2. If not docketed in such time, the appellee may docket the certificate under Rule 17, and have tbe appeal dismissed.
3. If tbe appellant…
2Cases cited7 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
- Hinton v. . PritchardSupreme Court of North Carolina · 1891
- Sondley v. City of AshevilleSupreme Court of North Carolina · 1892
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