26 S.E. 35 | N.C. | 1896
"The jury having found the issue as follows: Is the defendant indebted to plaintiff, and if so, in what amount? Answer: `Yes, $40.'
"This cause, coming on to be heard, and the issue of no debt having been submitted to the jury, and they having found that the defendant, G. W. Elmore, is indebted to the plaintiff, John Carter, in the sum of $40, and all costs of this action, to be taxed by the clerk.
GRAHAM, J."
Defendant appealed.
The judgment sent up in the record is insensible, and does not adjudge anything against the defendant. No execution can issue upon it, and the defendant has nothing from which to appeal. Bostic v. Taylor,
APPEAL DISMISSED.
Cited: Rogerson v. Lumber Co.,
(298)