11 S.E. 375 | N.C. | 1890
To the certiorari in this case the judge returns that the amended answer has been lost, and his notes of the trial also, and that, in consequence, he is unable to make up or settle case on appeal. The appellant moves thereupon for a new trial. The loss of the amended answer of itself would not support this motion, as it might be supplied by proper proceedings. Nichols v. Dunning,
Under such circumstances a new trial must be ordered. Burton v. Green,
New trial.
Cited: Ritter v. Grimm,