State v. . WardState v. . Ward
- Reporters:
- , ,
- Before:
- Pee Cubiam
The defendants were convicted at January Term, 1922, of Pitt. The appeal was not docketed here until 9 September, 1922. The recоrd proper was not docketed last tеrm, and no motion of cer-tiorari was asked for, and the appeal must be dismissed.
This has been the uniform rule of this Court always, and we have repeatеdly called the attention of counsel for appellants to the fact that the procedure in this Court, by the Constitution, is left entirely to this Court, and no act of the Legislature has sоught to or could modify the procedure here. Herndon v. Ins. Go., 111 N. C., 384. At last term, in S. v. Johnson, 183 N. C., 730, this Court again fully discussed the settled rule, and sаid: “This Court has never changed its rule, of which it is solе judge, that in every case when the record is not docketed in the time required at the next term, the appellant must docket the rеcord proper and ask for certiorari. Whenever this is not done, the case not docketed until the next succeeding term will be dismissed. S. v. Telfair, 139 N. C., 555 (2 Anno. Ed.), and cases there cited; Buggy Co. v. Lamb, *619 182 N. C., 762; Rogers v. Asheville, ibid., 596.” Tbe Court in tbat ease fully discussed tbe matter now before us, and we reiterate wbat was there said.
Tbе Constitution provides, in Art. I, sec. 8, “Tbe legislative, еxecutive, and supreme judicial powers of tbe Government ought to be forever separate and distinct from еach other.” Art. IY, sec. 2, of tbe Constitution further provides tbat tbe “General Assembly may regulate by law, if necessary, tbe methods of proсeeding in tbe exercise of their powеrs of all tbe courts beloiu the Supreme Court, so far as tbe same may be done without conflict with other provisions of this Constitution.”
Tbe above is discussed fully in Horton v. Green, 104 N. C., 400, and tbe Court there points out tbat while tbe Legislature may, as above stated in tbe Constitution, regulate tbe procedure in tbe courts below, it cannot interfere with tbe regulations of this Court as to tbe procedure here, which includes, of course, tbe time within which an appeal must be docketеd.
This Court has often stressed tbe fact tbat therе should not be any unnecessary delay in bringing up аppeals, and while tbe Legislature may regulate procedure in tbe lower cоurts, provided it does not interfere in bringing up aрpeals to this Court, it is forbidden by tbe Constitution, and hаs never attempted, to interfere with tbe rеgulation of procedure in this Court.
It is to be trustеd tbat this matter will receive tbe attention оf tbe bar, and tbat we will not be called upоn so often to enforce tbe procedure tbat we have deemed necessary to prescribe, and tbat counsel will thus save tbe time of tbe Court and consider tbe interest of their clients.
Appeal dismissed.