Brewer v. Mineola Manufacturing Co.

Per Curiam. Defendant’s attorney moves in tbis Court to dismiss tbe appeal and affirm tbe judgment for tbe absence of a properly constituted case on appeal. Tbe stenographer’s full notes of tbe trial in tbe Superior Court are copied in tbe record. Immediately following them we find tbe following entry: “Tbe record, stenographer’s notes, tbe judgment and tbe exception to tbe nonsuit shall constitute tbe case on appeal to tbe Supreme Court.” Tbis is not signed by either tbe presiding judge or by tbe counsel for tbe plaintiff or defendant. It is repudiated by tbe counsel for tbe defendant in tbis Court, who moves to affirm tbe judgment for lack of a case on appeal. Tbe motion must be allowed. There appears to have been no attempt to make out a case on appeal in conformity with tbe statute. That offered as a case on appeal is neither signed by tbe judge nor by tbe counsel. In this connection we again call tbe attention of tbe profession to what has been said on tbe subject of “Cases on Appeal” in Gressler v. Asheville, 138 N. C., 483; Bucken v. R. R., 151 N. C., 444; and in Shipper v. Lumber Co., 158 N. C., 322. In tbe latter case it is held that: “When tbe appellant has set out in tbe case on appeal tbe transcribed stenographer’s notes, be fails to prepare a concise statement of tbe case as *213 required by Eevisal, 591, and bis appeal will be dismissed ifnder Eule 22 of tbe Supreme Court when upon examination no error is found in the record proper.” Appeal dismissed and judgment affirmed.