26 S.E. 650 | N.C. | 1897
The time in which to serve "the case on appeal" must be counted from the actual adjournment of the court. Rosenthal v. Robertson,
The petitioner failed to file a transcript of the record proper, and without doing so he is in no condition to ask for a writ of certiorari to bring up the "case on appeal."
Brown v. House,
Since this motion was argued the petitioner has asked to be allowed to file a transcript of the record proper. In a meritorious case, where the only defect is the absence of such record, the court might allow it, but here it would be of no avail and would uselessly impose the (31) costs of a transcript upon the petitioner, since it appears as above that the appeal was lost by failure to serve the case in the time limited.
Petition denied.
Cited: Davison v. Land Co., post, 260; Burrell v. Hughes, post, 278;Parker v. R. R.,