Hicks v. . Royal

29 S.E. 413, 122 N.C. 405, 1898 N.C. LEXIS 271

Opinion

Per Curiam:

An exhibit which is made a part of the pleadings and is material to understanding the plea of < ‘another action pending for the same' cause” is not printed. Even under the former rule, the motion to dismiss would have been allowed. Fleming v. McPhail, 121 N. C., 183; Barnes v. Crawford, 119 N. C., 127. Much the more so is this true under the present Rule 28, (121 N. C., 695) which, to avoid just such disputes as to the materiality of omitted parts, requires the entire transcript on appeal to be printed.

Appeal dismissed.