Vivian v. . Mitchell

This is a motion, under "Rule 18, to reinstate tbis appeal, whieh was dismissed 19 February, 1907, upon a motion under Rule 17.

Tbe action was tried in tbe Superior Court of Vance County at tbe term, beginning tbe first Monday in September, 1906. Tbe appellants duly served tbeir ease on appeal, in reply to wbicb tbe appellee served ber counter-case on 30 October, wbicb was “accepted” by tbe appellants, but for some unexplained reason it was not filed by them with tbe Clerk till 1 February, 1907. On tbe afternoon of 18 February — as tbe Clerk testifies, without contradiction — tbe appellant’s…