Western North Carolina Conference v. . Tally

At the threshold of consideration of this appeal, we find that the record contains no proper transcript of case on appeal agreed upon by the parties, or settled by the judge, as required by statutes relating to appeals.

The record does contain what is called “Statement of Case on Appeal,” served on counsel for appellee by the Sheriff of Randolph County on 14 November, 1947. And while the record does not show exceptions thereto or countercase filed by appellee, it does show an order signed by the presiding judge, in Chambers, at Rockingham, on 30 January, 1948, after due notice to the counsel,…