Leggett v. SMITH-DOUGLASS COMPANY

Chapter 743 of the Session Laws of 1959, codified as G.S. 1-287.1, authorizes the superior court to dismiss an appeal to the Supreme Court when the statement of the case on appeal has not been served on the appellee or his counsel within the time allowed. This statute does not apply when the case on appeal has been docketed in the Supreme Court. Holden v. Holden, 245 N.C. 1, 95 S.E. 2d 118. In such instances, the appeal may not be withdrawn without the approval of this Court. However, we are inclined to the view that when a demurrer to the complaint filed in an action has been sustained and…