Parrish v. . Hartman

193 S.E. 18, 212 N.C. 248, 1937 N.C. LEXIS 286

• Court: Supreme Court of North Carolina
• Decided: October 13, 1937
• Status: Published

Opinion

Stacy, C. J.

The order striking out defendants’ purported statement of case on appeal, because not served in time, is supported by a long line of decisions, of which S. v. Moore, 210 N. C., 686, 188 S. E., 421, may be cited as the most recent. The failure to have a “case on appeal,” however, does not ipso facto work a dismissal. Roberts v. Bus Co., 198 N. C., 779, 153 S. E., 398. Non constat that error may not appear on the face o'f the record proper. Edwards v. Perry, 208 N. C., 252, 179 S. E., 892; Wallace v. Salisbury, 147 N. C., 58, 60 S. E., 713.

Here; error does appear on the face of the record proper. The judgment is in excess of the verdict in its award of interest on the recovery. This will be modified so as to conform with the verdict as it appears of record in the Superior Court of Yancey County.

Modified and affirmed.