First National Bank v. Fries

77 S.E. 227, 162 N.C. 516, 1913 N.C. LEXIS 382

Opinion

Per CueiaM.

This is a motion to reinstate an appeal wbicb was dismissed at this term for failure to state tbe evidence in narrative form, and for other irregularities appearing in tbe record.

Tbe principal reason urged in support of tbe motion is tbat counsel for appellee agreed to tbe case on appeal; but this also appeared in Cressler v. Asheville, 138 N. C., 483; and in Bucken v. R. R., 157 N. C., 444, and while tbe appeals in those cases were not dismissed, it was stated in effect tbat counsel could not waive compliance with tbe rule, and tbat it would be enforced.

The motion must, therefore, be denied; but, while reaching .this conclusion, we have examined all of tbe assignments of error, and find nothing which justifies a new trial.

Motion denied.