Privette v. . Allen

The defendant moves to dismiss the appeal for that the plaintiff failed to serve a statement of case on appeal as required by G. S., 1-282. The motion is denied.

The motion to strike was heard by the judge. He found the facts which are incorporated in his judgment. The correctness of this judgment is the only question posed for decision, and that is presented by the exception noted. Hence no service or settlement of a ease on appeal was required. The record constitutes the case to be filed in this Court. Commissioners v. Scales, 171 N. C., 523, 88 S. E., 868; Bessemer Co. v. Hardware Co., 171…