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STATE v. FORTNER

No. 164.

72 S.E.2d 594 (1952)

236 N.C. 264

STATE ex rel. ATKINS v. FORTNER et al.

Supreme Court of North Carolina.

October 8, 1952.

Attorney(s) appearing for the Case

Charles Hutchins, Burnsville, for relator, Bill Atkins, Burnsville, appellee.

R. W. Wilson, Burnsville, for defendants, Lloyd Fortner and Adrian Buchanan, appellees.

C. P. Randolph and W. E. Anglin, Burnsville, for defendants, Rush T. Wray and Everton Powell, appellants.

ERVIN, Justice.

The contention of the appellees that this appeal can not be heard because the appellants have not brought to this court a case on appeal is untenable. The record proper is before us. It contains the case agreed, which is equivalent to a special verdict. McIntosh: North Carolina Practice and Procedure in Civil Cases, sections 518 and 679. The exception to the judgment suffices to raise the legal question whether the facts embodied in the case agreed...

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