Turner v. . Foard

This is an action to foreclose a mortgage heard before SchencJc, J., at Spring Term, 1880, of Iredell Superior Court, upon the pleadings, report of referee, exceptions thereto, and argument of counsel. . Judgment was given for plaintiff and the defendant appealed.

The plaintiff moved in this court to dismiss the appeal for want of a compliance with the requirements of section 301 of the Code. It is- the- established practice of this court, where upon an appeal there is no bill of exceptions nor statement of the case accompanying the- record sent up,, to affirm the judgment- of the court below,…