21 S.E. 179 | N.C. | 1895
This cause having been determined below at February Term, 1894, should have been docketed here before the completion of the call of the docket of the district to which it belonged at Fall Term, 1894. Rule 5 of this Court. If for any good reason it was not docketed the appellant should at that time have applied for a certiorari
(Rule 41), otherwise the appellant might have docketed a certificate and had the appeal dismissed. Rule 17. Though as the appellee did not do this, the appellant could have docketed the appeal at any time during said Fall Term. All this was summarized in Porter v. R. R.,
This is not like Arrington v. Arrington,
Certiorari denied.
Cited: Haynes v. Coward, post, 842; Burrell v. Hughes,
(499)