Pike v. . Seymour

24 S.E.2d 263, 222 N.C. 606, 1943 N.C. LEXIS 384

Opinion

Denny, J.

Where the trial court finds the case on appeal was not served within the time fixed or allowed, or service within such time waived, an order directing the appellants’ case on appeal stricken from the files of said cause and the records of the court, is proper. Hicks v. Westbrook, 121 N. C., 131, 28 S. E., 188; Roberts v. Bus Co., 198 N. C., 779, 153 S. E., 398. Motion having been made in this cause to affirm the judgment below, and it appearing that no error exists on the face of the record proper, the judgment is affirmed. McNeill v. R. R., 117 N. C., 642, 22 S. E., 268; Roberts v. Bus Co., supra.

Affirmed.