Russell v. . Hill
Supreme Court of North Carolina
Oivtl action for conversion of personal property, tried before Robinson, J., and a Jury, at August Special Term, 1897, of Swain Superior Court. From a judgment for the plaintiff the defendants appealed. The record on appeal, as well as that below, shows that the jury answered the second issue “No,” while the judgment recited that the second issue was answered “Yes.”
1Per curiam
When there is a conflict between the “case on appeal” stated by the Judge and the record proper, the latter governs. Cases cited in Clark’s- Code (2nd Ed.), p. 579. But here the conflict is in the record itself. Upon the issues sent up in the record the second issue is answered “No,” while in the judgment it is recited that it had been answered “ Yes.” If this were a mere clerical error in copying it could he cured by a certiorari or by amendment here, State v. Beal, 119 N. C., 809; State v. Preston, 104 N. C., 733; but counsel concur that the conflict is in the original record below. Such…
2Cases cited2 opinions
- State v. . PrestonSupreme Court of North Carolina · 1889
- State v. . BealSupreme Court of North Carolina · 1896