Brantley v. Meekins

HEDRICK, Judge.

Defendant filed a motion in this Court to dismiss plaintiff’s appeal for the reason that the case on appeal was not served on *685defendant within the time allowed. Plaintiff, in his response to the defendant’s motion, does not deny that he failed to timely serve the case on appeal, but contends his only assignment of error relates solely to the record proper.

In Houck v. Overcash, 15 N. C. App. 581, 190 S.E. 2d 297 (1972), rev’d. on other grounds, 282 N.C. 623, 193 S.E. 2d 905 (1973), it is stated:

“Where appellant’s assignments of error all relate to the record proper it is not…