Board of Water & Light Commissioners v. Chapman

Clark, O. J.

This case was tried below at May Term, 1909, of Cabarrus. The appeal should have been docketed and printed, ready for argument when that district was called at this term. Rules 5, 17, 30 and 34. That not having been done, the appellee moved to dismiss. The appellant asked for a certiorari, because the judge had not settled the case and the transcript of the record proper could not be sent up because his Honor had the original papers. This would justify granting a certiorari and the denial of the motion to dismiss, but only if the appellant itself was in no default. Brown v. House,…