In re Estate of Rosey

The opinion of the court was delivered by The proceeding from which this appeal was taken arose in the probate court and was appealed to the district court after decision adverse to the present appellants. We only note that the district court likewise ruled adversely and appellants filed their appeal in this court on December 7, 1959. Appellant's abstract was not filed within time under rule 8 of this court. A motion to dismiss was filed but overruled and appellants allowed further time to file the abstract. An abstract was filed on April 29, 1960; the appeal set for hearing on September 27, 1960, and counsel for both sides were advised by mail of the setting of the case sixty days before the opening of the session of the court; they further received the printed docket for the session some thirty days before the session opened. On September 9, 1960, appellants filed a motion for additional time to file their brief, it then being overdue under Rule 8, and to have the appeal continued and taken off the docket on September 27. Appellees replied by filing a motion to dismiss setting out that the transcript of the proceedings in the district court had not been filed as required by G.S. 1949, 60-3311.