10 S.E. 857 | N.C. | 1890
The appellant, on five days' notice of his motion, required by Rule 29, seeks now to have the appeal reinstated on the docket. As stated by the Court in Horton v. Green,
In the present case, the appellant filed an affidavit, setting out that the record was printed as required, and that the requisite number of copies was not filed in time, by reason of conversations with the opposite counsel below, which led him to understand that the appeal would be passed over when reached and not called for argument at this term. This is not denied, and makes out a case which entitles the appellant to have his appeal reinstated, and it is so ordered.
Motion allowed.
Cited: Smith v. Summerfield,