Respass v. Bonner

The right of appeal must be exercised in accordance with the established rules and procedure governing appeals. S. v. Moore, 210 N.C. 686, 188 S.E. 421. Indeed, rules requiring service to be made of case on appeal within the allotted time are mandatory, and not directive. S. v. Daniels, 231 N.C. 17, 56 S.E. 2d 2, and cases cited.

Hence where an appealing party fails to file his statement of case on appeal within the time allowed and fails to make application for extension of time, or for waiver of failure to file within the time prescribed, or fails to file petition for certiorari, if such…