117 S.E. 26 | N.C. | 1923
The appeals in these cases were dismissed at the present term for noncompliance with the rules governing appeals of this Court, as was also the appeal in Bunn and Anderson v. Dunn, ante, 108. The appellant concedes his failure to comply with the rules, but now states that he has three or four thousand dollars invested in other tax certificates, similar to those under consideration here, and that a decision on the merits in these cases would be quite beneficial to him in determining the validity of his remaining tax certificates and tax deeds. He also alleged that the irregularities, which brought about a dismissal of his appeals, were not due entirely to his neglect and that they were not discovered by him in time to have the same corrected before the cases were called for argument in this Court. He therefore files a motion in each case to reinstate the appeal. The objections urged by the appellees, when the cases were before us, would not be cured by a reinstatement of the appeals and hence the motions must be denied.
Movant further says in explanation of his failure to group his assignments of error and to discuss the exceptions in his brief, as pointed out in the opinion dismissing the appeals, that he was advertent to this rule, but was under the impression that such was not necessary where only one question was involved on the appeal. In regard to this, he says: "I cannot just here name the volume I saw this in, but it is somewhere in the volumes which I have read from 140 to 183 inclusive." Appellant doubtless has in mind the cases of Bessemer Co. v. Hardware Co.,
The rules of practice, as revised and adopted at the Fall Term, 1917, will be found in the 174th volume of our Reports, beginning on page 827. Rule No. 34, as subsequently amended, will be found in
Motions denied.