45 S.E. 592 | N.C. | 1903
This cause was tried at June Term, 1903, of Guilford Superior Court, and by consent of the parties thirty days were allowed to serve statement of "case on appeal," and thirty days thereafter to serve counter-case. The counter-case was served 15 August, being within the time specified. It was thereupon the duty of the appellant, unless he accepted the counter-case, to "immediately request the judge to fix a time and place for settling the case before him." The Code, sec. 550;Simmons v. Andrews,
The laches in failing to send the papers to the judge immediately upon receipt of the counter-case, and delaying to do so for two months, not being accounted for to our satisfaction, the motion for certiorari must be denied. (Peebles v. Braswell,
Appeal dismissed. *220
Cited: Comrs. v. Chapman,
(255)