Campbell v. . Allison and Others

63 N.C. 568

Opinion

Rodman, J.

This is a motion by an appellee to dismiss the appeal for want of notice. Section 301 C. 0. P., requires a inotice of the appeal to be given: the manner of serving notices as prescribed elsewhere in the Code. The judge below has .nothing to do with the granting of an appeal; it is the act of the appellant alone. On his docketing his appeal and giving the required undertakings, it is the duty of the Clerk to send ■it up. Hence there is no presumption of regularity, such as would exist in the case of a judgment rendered by a Judge; ■nor can notice be presumed merely because the appeal was taken during a term of the Court. See General Rule adopted at this term. The motion is allowed, and the appeal is dismissed with costs.

Note. Simil ar motions to that in Campbell v. Alliscm (above), and for the same reason, were made at this term in the two following cases, the appeals in which accordingly were dismissed:

Per Curiam. Appeal dismissed.