State ex rel. Atkins v. Fortner

The contention of the appellees that this appeal cannot be heard because the appellants have not brought to this Court a case on appeal is untenable. The record proper is before us. It contains the case agreed, which is equivalent to a special verdict. McIntosh: North Carolina Practice and Procedure in Civil Cases, sections 518 and 679. The exception to the judgment suffices to raise the legal question whether the facts embodied in the case agreed support the adjudication that Fortner and Buchanan rather than Wray and Powell are entitled to occupy the posts on the Board of Education of Yancey…