Peebles v. . Braswell

Clabk, J.:

There is no case on appeal settled by the Judge, nor any “case agreed” signed by counsel. There is a statement of case on appeal, signed only by appellant’s counsel, but nothing to show that it was served within the time, or, indeed, ever at all, upon appellee or his counsel. This, it has been held, cannot be considered. Manufacturing Co. v. Simmons, 97 N. C., 89.

The appellant now asks for a certiorari, but there is no affidavit to negative laches on the part of the appellant, and, so far as the application is to be construed as being for a cer-tiorari to the Judge to settle the…