Parrish v. . Hartman

The order striking out defendants’ purported statement of case on appeal, because not served in time, is supported by a long line of decisions, of which S. v. Moore, 210 N. C., 686, 188 S. E., 421, may be cited as the most recent. The failure to have a “case on appeal,” however, does not ipso facto work a dismissal. Roberts v. Bus Co., 198 N. C., 779, 153 S. E., 398. Non constat that error may not appear on the face o'f the record proper. Edwards v. Perry, 208 N. C., 252, 179 S. E., 892; Wallace v. Salisbury, 147 N. C., 58, 60 S. E., 713.

Here; error does appear on the face of the record…