Houck v. Overcash

GRAHAM, Judge.

Defendants moved in this Court to dismiss plaintiff’s appeal for the reason that no case on appeal was served on them as required by G.S. 1-282. Plaintiff concedes he did not serve a case on appeal on defendants, but contends his only asserted errors are errors appearing on the face of the record.

*582Where appellant’s assignments of error all relate to the record proper it is not necessary that a case on appeal be served on the appellee. Holsomback v. Holsomback, 273 N.C. 728, 161 S.E. 2d 99. “In the absence of a case on appeal served within the time fixed by the statute, or by…