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WIGGINS v. TRIPP

No. 90.

116 S.E.2d 355 (1960)

253 N.C. 171

W. T. WIGGINS v. George TRIPP, Major Tripp and Craven Lumber Company, a corporation.

Supreme Court of North Carolina.

October 12, 1960.

Attorney(s) appearing for the Case

R. E. Whitehurst, New Bern, LeRoy C. Scott, Washington, David S. Henderson, New Bern, for plaintiff appellee.

Cecil May, H. P. Whitehurst, New Bern, Wilkinson & Ward, Washington, for defendant appellant.

WINBORNE, Chief Justice.

At the threshold of their appeal defendants are confronted with a motion to dismiss the appeal for that there is no case on appeal—and the record contains no request for the judge to settle a case on appeal.

The requirements are set forth in G.S. § 1-282 and G.S. § 1-283. The statute provides that the appellant shall cause to be prepared a concise statement of case on appeal and prescribes what it shall embody, and...

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