Hughes v. . Boone

5 S.E. 192, 100 N.C. 347

• Court: Supreme Court of North Carolina
• Decided: February 5, 1888
• Status: Published

Opinion

MerbimoN, J.

It appears that S. P. Boone obtained a judgment against W. H. Hughes, executor, &c., in the Supe rior Court of the County of Northampton, on the 28th day of January, 1888, from which the latter appealed to this Court; •but he did not docket his appeal here until the 15th of February next thereafter, so that, in the order of the call of the ■docket, it could not stand for argument at the present term.

On the 20th of February the appellee moved to docket .•and dismiss the appeal, as allowed by Rule 2, § 8, suggesting that the appellant, on purpose, failed to bring up his appeal ■as promptly as he might and ought regularly to have done, the object being to delay the disposition of the appeal until .the next term of the Court.

The motion cannot be allowed, because the appellant had ■docketed his appeal before the motion was made, Barbee v. Green, 91 N. C., 158. Moreover, the motion was not made until after the week of the term assigned to the argument of ¡appeals from the district from which the appeal in question came, and there was no notice of the motion to the appellant or his counsel.

Motion denied.