Russell v. . Hill
This text of 30 S.E. 27 (Russell v. . Hill) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
When there is a conflict between the “case on appeal” stated by the Judge and the record proper, the latter governs. Cases cited in Clark’s- Code (2nd Ed.), p. 579. But here the conflict is in the record itself. Upon the issues sent up in the record the second issue is answered “No,” while in the judgment it is recited that it had been answered “ Yes.” If this were a mere clerical error in copying it could he cured by a certiorari or by amendment here, State v. Beal, 119 N. C., 809; State v. Preston, 104 N. C., 733; but counsel concur that the conflict is in the original record below. Such being the case, the only remedy is by a new trial.
New trial.
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Cite This Page — Counsel Stack
30 S.E. 27, 122 N.C. 772, 1898 N.C. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-hill-nc-1898.