Farmers Bank of Clayton v. McCullers

It is stipulated by counsel “that the original records in the cases are not necessary on the appeal, and are therefore omitted by consent.” This is fatal to the appeal. Ins. Co. v. Bullard, 207 N. C., 652, 178 S. E., 113. Compare Corp. Com. v. Trust Co., 194 N. C., 239, 139 S. E., 244. It is provided by Rule 19, sec. 1, of the Rules of Practice that “the pleadings on which the case is tried, the issues, and the judgment appealed from shall be a part of the transcript in all cases.” The pleadings are essential in order that we may be advised as to the nature of the action or proceeding. Waters…