Smith v. . Smith

Where there is a controversy as to whether the case on appeal was served within the time fixed or allowed, or service within such time waived, it is the duty of the trial court to find the facts, hear motions and enter appropriate orders thereon. Holloman v. Holloman, 172 N. C., 835, 90 S. E., 10; Barrus v. R. R., 121 N. C., 504, 28 S. E., 187; Walker v. Scott, 102 N. C., 487, 9 S. E., 488; Cummings v. Hoffman, 113 N. C., 267, 18 S. E., 170.

It appears, without contradiction, that appellant’s statement of case on appeal was not served within the time allowed by agreement of counsel, hence the…