Waynesville Transportation Co. v. Waynesville Lumber Co.

This case was tried at July Term, 1914, of Haywood. By agreement, the time was extended for serving the case and counter-case on appeal, which is a bad custom, and not to be encouraged. The plaintiff appellant served its case on defendant 9 September, 1914, and the defendant served its counter-case on the appellant 9 November, 1914, both being witbin the time of the extension agreed upon in writing. Neither ease was accepted by the other, and the transcript not being docketed here, the appellant now moves, on 10 December, to docket and dismiss under Eule 17.

This he was entitled to do. If the…