Russell v. . Hill
30 S.E. 27 | N.C. | 1898
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 (2 Ed.), p. 579. But here the conflict is in the *482
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 be cured by a certiorari or by amendment here, S. v. Beal,
New trial.