Bowen v. . Fox

The case is stated in the opinion. The plaintiff obtained judgment against the defendant in the Superior Court of the county of Vance at May Term, 1887, from which the defendant appealed to this Court. By consent of counsel, the defendant had until the first day of July following to give the necessary undertaking on appeal, but such undertaking was not given until 22 August next thereafter.

At the Fall Term of 1887 of this Court, the appeal having been docketed here, the plaintiff moved to dismiss the same upon the ground that the undertaking on appeal had not been given within the time…