Powers v. . Commercial Service Co.

Putting aside tbe doubt as to whether it “appears by the record” that the four assignments of error, sustained by the Superior Court in the exercise of its appellate jurisdiction, are based on exceptions duly taken and entered (Sanders v. Sanders, 201 N. C., 350), which otherwise might call for a dismissal of the appeal, the ruling on the first assignment of error seems to be well supported by the authorities.

The trial court permitted a witness for the plaintiff, over objection of defendants, to give in evidence the substance of an alleged telephone conversation which he had with some unknown…