Howell v. . Jones

Clark, J.:

There is no case on appeal settled by the Judge, nor signed by the parties, and nothing to show that any appeal was taken in open Court, nor any service of notice if appeal was taken out of Court. There is a “ case on appeal ” signed only by appellant’s counsel, but as it does not appear that it was served on .appellee within the required time, nor indeed at all, it must be treated as a nullity. Peebles v. Braswell, 107 N. C., 68. The appeal would not be dismissed on this ground, as it may be there are errors on the face of the record proper, as want of jurisdiction, or complaint…