Home Insurance v. E. M. Stafford, Inc.

Pee Curiam. This cause was tried and the judgment herein was entered in January 1953, prior to the convening of the 1953 Spring Term [679] of tbis Court. It was tbe duty of tbe appellant to docket its appeal in tbis Court at that term, twenty-one days prior to tbe call of tbe docket of tbe Fourteenth Judicial District, to wbieb tbis case belongs. It was actually docketed 4 April 1953, only ten days before the call of the Fourteenth District cases, and was marked “Fall Term.” No brief was filed at that term, and no continuance was granted. A brief was filed 5 October 1953, but tbis came too late. If tbe appellant was unable to perfect its appeal at tbe Spring Term, application for a writ of certiorari was available to protect its right of appeal. We are therefore compelled to dismiss tbe appeal on authority of In re Suggs, ante, p. 413; In re De Febio, 237 N.C. 269, 74 S.E. 2d 531; and other eases to like effect. Appeal dismissed.