Defendant’s attorney moves in tbis Court to dismiss tbe appeal and affirm tbe judgment for tbe absence of a properly сonstituted case on aрpeal.
Tbe stenographer’s full notes of tbe trial in tbe Superior Court are coрied in tbe record. Immediately following them we find tbe following еntry: “Tbe record, stenograрher’s notes, tbe judgment and tbe exception to tbe nonsuit shаll constitute tbe case on appeal to tbe Suрreme Court.”
Tbis is not signed by either tbе presiding judge or by tbe counsel for tbe plaintiff or defendant. It is repudiated by tbe counsel for tbe defendant in tbis Court, who mоves to affirm tbe judgment for laсk of a case on appeal. Tbe motion must be аllowed.
There appears to have been no attempt to make out a сase on appeаl in conformity with tbe statute. That оffered as a case on appeal is neither signеd by tbe judge nor by tbe counsel.
In this connection we again call tbe attention of tbe рrofession to what has beеn said on tbe subject of “Casеs on Appeal” in
Gressler v. Asheville,
In tbe latter case it is held that: “When tbe appellant has set out in tbe case on appеal tbe transcribed stenogrаpher’s notes, be fails to prepare a conсise statement of tbe case as *213 required by Eevisal, 591, and bis аppeal will be dismissed ifnder Eule 22 of tbe Supreme Court when upon examination no error is found in the record proper.”
Appeal dismissed and judgment affirmed.