Wiley v. . Mining Co.

For the reasons given in the opinion dismissing the appeal, the motion to reinstate is denied. Every exception in the case is based upon the judgment, and that not being printed, the case when reached was not in a plight to be intelligently argued (Avery v. Pitchard, 106 N.C. 344), and the Court was compelled either to continue the cause or dismiss it. The appellee, having made the motion in writing to dismiss, was entitled to have it allowed. The requirement as to printing the parts of the record which are essential to be considered on appeal is a necessity demonstrated by the experience of…