Critz v. Sparger.

Clark, J.: Tlie petition is not verified as demanded by Rule 42 and there is no transcript of the record proper, nor reason given for its absence and nothing to negative laches in not having that, and the case on appeal also, docketed. Burrell v. Hughes, 120 N. C., 277 and cases cited; Brown v. House, 119 N. C., 622; Parker v. Railroad and Rothchild v. McNichol, the last two at this term. It is true it is alleged that the case on appeal was filed in the Clerk’s office and that the Clerk has failed to send up the transcript, but there is no allegation that the appellant has tendered the fees and is otherwise free from laches. Brown v. Blouse, supra and cases cited. It may be that this case was tried below since the present *284 term of this Court began; if so, the appellant was not required to docket his appeal at this term (Rule 5) though it would stand for trial at this term if it reached here in time (Avery v. Pritchard, 106 N. C., 344) and the appellant is in no wise prejudiced by the refusal of his motion for the writ of certiorari, but may docket his appeal if such is the case, at the next term of this Court. Motion denied.