Bishop v. Black

Tbe appellees move to dismiss tbe appeal for that tbe appellant failed to serve a statement of case on appeal pursuant to tbe order entered by bis Honor on 13 December, 1950, and for tbe further reason that no notice was given tbe appellees or their attorneys of tbe bearing when tbe court adjudged that tbe record proper should constitute tbe case on appeal.

Tbe correctness of tbe judgment entered below is tbe only question posed for decision, and that is presented by tbe exception noted.

"When an error relied on by tbe appellant is presented by tbe record proper, no case on appeal is required.…