Gupton v. . Sledge

The plaintiff moved to dismiss because the transcript on appeal was not docketed seven days before the call of the docket of the district to which it belongs. This motion was denied, for, though the record was not then docketed as required, the appellee did not move to dismiss at that time, but delayed to make his motion till the call of the district was begun, at which time the case had been docketed. The appellee being in laches himself, the appellant could docket his case at any time at this term, if before the appellee moved to dismiss. Benedict v. Jones, 131 N.C. 473;Laney v. Mackey, 144…