Jones v. City of Asheville

Clauk, J.:

In this cause no appeal bond appears to have been given, and the appellee moves to dismiss. The 'defendant presented no good excuse for the failure, but 'offered to file the bond here. In Harrison v. Hoff, 102 N. C., 25, it was held that the discretion vested in this Court by ch. 135, Acts 1889, to permit an appeal bond to bo filed here would not be exercised unless the appellant shows a reasonable excuse for his failure to give the under taking below as required by The Code, §§549 and 552. In that case MerrimoN, J., said: “Whether the power will or will not be exercised must depend…