Aberfoyle Manufacturing Company v. Clayton

Plaintiff has one assignment of error reading as follows: "For that the court erred in the signing and entry of judgment dismissing plaintiff’s suit for refund, the facts, as appear on the face of the record, being insufficient to support the judgment.” This assignment of error presents for review the question as to whether the agreed statement of facts support the judgment, and whether error of law appears on the face of the judgment. Strong’s North Carolina Index, Vol. 1, Appeal and Error, § 21.

This statement appears in the agreed statement of facts: “If the Commissioner’s contention with…