Barbee v. . Green

The appeal was taken in this action at the last term of the superior court of Wake county, which was held in the month of August last. The transcript of the record was not filed and the appeal docketed in this court, until the 18th of October, more than eight days after the present term began, and after the court had begun the call of the cases from the judicial district to which the case belongs.

The appellee moved to dismiss the appeal, because the appellant failed to docket the same within the time above indicated in accordance with paragraph six of Rule 2.

It is clear, that the motion…