Holsomback v. Holsomback

When statement of case on' appeal to the Supreme Court has not been served on the appellee within the time allowed, G.S. 1-287.1 requires the. Superior Court judge, upon motion by the' appellee, to enter an order dismissing the appeal “provided the appellant has been given at least five (5) days’ notice of such motion.” This section further specifically provides that it “shall not apply in any case with the respect to which there is no requirement to serve a case on appeal.” ■

The only question posed by this appeal is whether Judge May had authority to set aside the consent judgment entered by…