
    WASHAM & PATTERSON MOTOR COMPANY v. H. B. REEP.
    (Filed 21 November, 1923.)
    Appeal and Error — Motions-—Certiorari— Record — Dismissal—Rules of Court.
    It is indispensable for the appellant to conform to the rule requiring that he aptly file the record proper of his case with his motion for a certiorari to bring it up to the Supreme Court; otherwise, it will be dismissed upon appellee’s motion made in accordance with the rules regulating appeals.
    This was a motion under Eule II of tbis Court, 185 N. C., 192, regularly made, upon tbe proper certificate, to docket and dismiss tbis appeal. Tbe case was tried at April Term of Gaston, and tbe certificate is in proper form and filed in proper time, and tbe appellants failed to bring up and file a transcript of tbe record seven days before tbe call of tbe docket of tbe causes from tbat district.
    
      8. T. Durham for plaintiff.
    
    
      Woltz & Woltz 'and George W. Wilson for defendant.
    
   Pee Cuexam.

Tbis case was tried at tbe April Term, 1923, of Gaston. It was requisite that tbe appellant should docket bis appeal in tbis Court seven days before tbe call of tbe Fourteenth District, to which it belongs. Tbe only exception under Rule 17 is that if for any sufficient reason tbe full record of tbe case on appeal could not be docketed in time, tbe appellant must file, seven days before tbe call of tbe district, tbe record proper, and upon sufficient cause apply for a certiorari. Tbe plaintiff makes tbis motion, but has not filed any record 'proper, or in any respect complied with tbe requirements of tbe rule which applies to all other appellants.

Tbe appellant filed, it is true, a statement that be appealed, and that be asked tbe clerk of tbe court below to send up tbe record, but avers that by some mistake tbe clerk confused it with another record and has failed to send it up. Tbe clerk of "the court below, in contradiction, filed a statement that such application to send up tbe case was not made so far as is recalled by tbe clerk’s office, but, however that might be, it was incumbent upon tbis appellant, as upon all others, to see that bis case was sent up and docketed in time; and in any event if, without fault of tbe appellant, tbis was not done, it was bis duty to have gotten a copy of tbe record proper, duly certified by tbe clerk, and filed it in tbe office of tbis Court seven days before tbe call of the- docket as an indispensable requisite for a motion for certiorari to cure tbe defect to bring up tbe appeal in time. Tbis has not been done, and.tbe appellant does not even allege that be has paid, or tendered tbe cost of making out tbe-record, or has taken any steps whatever to have it sent up.

Tbe motion for certiorari in tbis, as in all other cases under like circumstances, must be denied, and tbe motion to docket and dismiss must be allowed. Tbe precedents to tbis effect are numerous and uniform.

Motion for certiorari denied.

Motion to docket and dismiss allowed.  