Gupton v. Sledge

Clare:, 0. J.

Tbe plaintiff moved to dismiss because tbe transcript on appeal was not docketed seven days before tbe call of tbe docket of tbe district to wbicb it belongs. Tbis motion was denied, for, tbougb tbe record was not tben docketed as required, tbe appellee did not move to dismiss at tbat time, but delayed to make bis motion till tbe call of tbe district was begun, at wbicb time tbe case bad been docketed. Tbe appellee being in lacbes himself, tbe appellant could docket bis case at any time at tbis term, if before tbe appellee moved to dismiss. Benedict v. Jones, 131 N. C., 473;…