20 S.E. 962 | N.C. | 1895
The case on appeal and countercase were served in time and the trial judge was promptly requested to settle the case. At the call of the docket at last term, being the first term of this Court which was begun after the trial below, the appellant docketed the record proper and asked for a certiorari to bring up the case on appeal. Counsel consented, however, that the cause might be continued (924) to this term and that the "case on appeal" might be settled by the judge at NASH Court, which was to be held by the judge (Graves) who had tried the cause. His Honor died before he could do so. The appellant would be entitled, nothing more appearing, to have *549
the case remanded for a new trial, but the appellee expresses a desire to withdraw its countercase and try the appeal upon appellant's case. The appellant certainly has no ground to object to this. Drake v. Connelly,
Motion Allowed.
Cited: Parker v. Coggins,