Wachovia Bank & Trust Co. v. Miller

Tbis case was tried at tbe February Term, 1925, of Buncombe Superior Court, before bis Honor, A. M. Stack, judge presiding, and from a judgment in favor of plaintiff, tbe defendant appealed. Tbe appeal could bave been beard under Eule 5 (185 N. C., 788) at tbe last term, but it was properly brought to tbe present term of tbe Supreme Court.

Tbe judge, upon notice that counsel were unable to agree upon a statement of tbe case on appeal, set 13 April, 1925, as tbe time for settling tbe case before him. By consent, tbis was changed to 25 April. • Counsel for both sides appeared before tbe judge…