Hall v. Hall

The defendants’ petition for certiorari is denied. The certificate they seek to have brought up was no part of the record when it was certified to this Court. It was made without notice and the Court was then without jurisdiction to settle the case on appeal, of which the exhibits offered in evidence are or would be an essential part. Russos v. Bailey, 228 N.C. 783, 47 S.E. 2d 22.

The judge undertook to settle the case on appeal at the time judgment was signed. When, however, oral evidence is offered, the judge cannot settle the case on appeal by an anticipatory order. Indeed, in such case, be…