28 S.E. 187 | N.C. | 1897
The plaintiff submitted to a nonsuit on the intimation of his Honor that he could not recover, and appealed. In this Court the defendant moved to dismiss because the case on appeal was not served in time and also to affirm the judgment for want of a case and because no errors appear in the record. It was competent for counsel who accepted service of the case on appeal, after the time limited by statute, to add to his endorsement the date, and that he did not waive the objection that the case was presented too late.
Such endorsement was properly certified by the clerk as a part of the proceedings in the case. Cummings v. Huffman,
Affirmed.
Cited: Barber v. Justice,