Carter v. . Elmore

Clark, J". : The judgment sent up in the record is insensible, and does not adjudge anything against the defendant. No execution can issue upon it, and the defendant has nothing from which to appeal. Bostic v. Taylor, 93 N. C., 415 ; Baum v. Shooting Club, 94 N. C., 217; State v. Lockyear, 95 N. C., 633; Rosenthal v. Roberson, 114 N. C., 594. Deeming there might possibly be an inadvertence in entering the judgment or in copying it for the transcript on appeal, the Court at last term continued the cause, and the defect was called to the attention of counsel to the end that if they thought proper, the judgment might be amended below, or that the transcript might be corrected if the error was in copying. No correction has been made, and the Court will not, after such notice,remand ex mero motu, and no motion being made by eithei party to remand, we will now direct the entry, appeal dismissed. Dismissed.