Cressler v. Asheville.
Supreme Court of North Carolina
ActxoN by Jane H. Oressler and ber husband against the City of Asheville, heard by Judge M. H. Justice and a jury, at the September Term, 1904, of the Superior Court of BuN-cojibe County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, C. J.
There is no “ease agreed” on appeal and none “settled” by the judge, and there being no error upon the face of the record proper the judgment must be affirmed. See numerous cases cited in Clark’s Code (3 Ed.), p. 769. Errors occurring during the trial can be presented only by a “case on appeal.” It is only when the errors are presented by the record proper, as in an appeal from a judgment upon a demurrer; or upon a case agreed, or judgment granting or refusing an injunction to the bearing beard upon the affidavits, that a case on appeal can be dispensed with. Ibid., p. 770. When there is a…
2Cases cited5 opinions
- Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
- Town of Durham v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- State v. . GodwinSupreme Court of North Carolina · 1845
- Upper Appomattox Co. v. BuffaloeSupreme Court of North Carolina · 1897
- Silver Valley Mining Co. v. North Carolina Smelting Co.Supreme Court of North Carolina · 1896
3Cited by26 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Russos v. . BaileySupreme Court of North Carolina · 1948
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