# McClintock v. . Insurance Co.

> Supreme Court of North Carolina · November 5, 1908 · 149 N.C. 35

URL: https://www.frixlaw.com/law-library/cases/3654263

## Case

- **Full name:** George McClintock v. Life Insurance Company of Virginia.
- **Court:** Supreme Court of North Carolina
- **Decided:** November 5, 1908
- **Citations:** 149 N.C. 35; 62 S.E. 775; 1908 N.C. LEXIS 293
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Glare
- **Judges:** Glare
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3654263

## Opinion text

Glare, O. J.
Bevisal, see. 607, provides, “If the appellant shall fail to have his appeal docketed as required by law, the
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appellee may, at the term of said court next succeeding the. term to which the appeal is taken, have the case placed upon the docket, and upon motion, the judgment of the Justice shall be affirmed.” The dismissal of the appeal had the same effect. Hevisal, sec. 608, required this appeal to be docketed “at the ensuing term” of the appellate court, if more than ten days after judgment.
Pants Co. v. Smith,
125 N. C., 588 .
It is true, the Judge finds that the Clerk was in the custom of docketing such appeals without requiring payment of fees,, that the Clerk was in bad health and the docket was crowded. For these reasons, the Judge in his discretion, might (if the delay .in docketing was not too gross) have allowed a motion to docket
nunc pro tunc. Marsh v. Cohen,
68 N. C., 283 ;
West v. Reynolds,
94 N. C., 333 . Here, the appellant neither paid the Clerk’s fees, nor requested him to docket the appeal, nor paid any attention to it for eleven months, during which time there were five terms of the Superior Court. If it were conceded that, after such
laches,
the Judge could,-in his discretion, have allowed the appeal to be docketed, it is clear that his refusal to do so is not reviewable. This has been held lately by
Brown, J.,
in
Lentz v. Hinson,
146 N. C., 31 , and by
Walker,
in
Blair v. Coakley,
136 N. C., 409 , citing many cases. In
Johnson v. Andrews,
132 N. C., 376 (relied on by appellant), the fees were paid to the Clerk, and he was requested to docket the appeal, and the Clerk later-informed the appellant that he had done so.
As this Court has often stated, “if a person has a case in court the best thing he can do is to attend to it.”
Pepper
v.
Clegg,
132 N. C., 316 .
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3654263. Public record. Not legal advice.