Lancaster v. Smith

MALLARD, Chief Judge.

In the record on appeal, the evidence is presented in question and answer form. This is in violation of Rule 19(d) of the Eules of Practice in the Court of Appeals which requires that the evidence shall be in narrative form, except that a question and answer, or a series of them, may be set out when the subject of a particular exception. This rule further provides that the court, in its discretion, may hear the appeal, dismiss it, or remand it for a settlement of the case on appeal to conform to the rule. State v. Thigpen, 10 N.C. App. 88, 178 S.E. 2d 6 (1970).

Furthermore,…