Union Central Life Insurance v. Bullard

Stacy, 0. J.

It will be observed that there is an apparent conflict between what appears in the judgment and the case on appeal. Where such conflict exists, the recitals appearing in the record proper are controlling. Bartholomew v. Parrish, 190 N. C., 151, 129 S. E., 190; Moore v. Moore, 185 N. C., 332, 117 S. E., 12; S. v. Wheeler, 185 N. C., 670, 116 S. E., 413. “Where there is a repugnancy between the record and the case stated, the record will control.” S. v. Keeter, 80 N. C., 472.

But for another reason the appeal must be dismissed. It is agreed “that the affidavits, summons, and…