Rose v. . Rocky Mount

The summons in this case was issued 6 October, 1919, and tbe cause was tried at November Term, 1921. Tbe appeal should have been docketed here at last term, but it was not docketed until this term. It has been too often held, to be a matter of debate, that an appeal is not a matter of right, but is.allowed upon conformity with tbe provisions of law and tbe rules of tbe Court, which, if not complied with, tbe cause is not legally in this Court and cannot be considered by us.

In Mimms v. R. R., 183 N. C., 436, at last term, it was held as a settled rule of this Court that “where a case on appeal…