Waters v. . Boyd

Tins is an action submitted without controversy under Rev., 803. This statute must be strictly construed, Arnold v. Porter, 119 N. C., 123; Grandy v. Gulley, 120 N. C., 177. It requires that the affidavit must set out that “The controversy is real and the proceedings in good faith to determine the rights of the parties.” The affidavit in this case merely sets out that "The controversy between them is genuine, and is submitted to the court to determine the rights of the parties.” This is not a compliance with the statute. In like manner, the absence of the words “in good faith” on an appeal in…