When a party appellant depended upon the clerk of the county court, who acted as deputy clerk of the Superior Court, to bring up an appeal, and the clerk of the county court was in the habit of bringing up all appeals, and had formerly brought up one for the present appellant, but on this occasion omitted it through forgetfulness, it was held that the negligence of the appellant was such that he was not entitled to a certiorari.
HALL, J.
It seems that the appellant made no effort either to bring up the appeal himself or cause it to be done by any other person. He depended upon the clerk of the county court, he says, to bring it up, because (as the clerk admits) he had been in the habit of bringing up all appeals taken from the county court, but omitted through forgetfulness to bring up this one. Other instances of forgetfulness like this, to which the human character is liable, particularly as a good deal might be depending upon it, should have taught the appellant the necessity of attending to the business himself. In cases of such negligence this Court cannot interfere and, however much it may regret it, it must say that the writ of certiorari cannot be granted.
PER CURIAM. Affirmed.
Cited: Collins v. Nall, 14 N.C. 226; Hester v. Hester, 20 N.C. 456; Winborne v. Byrd, 92 N.C. 9.
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