Opinion
(Filed 19 December, 1930.)
Controversy without Action A b — Appeal from judgment in controversy without action will be dismissed when affidavit has not been filed.
An appeal from a judgment in a controversy without action on an agreed statement of facts when the necessary affidavit has not been filed will be dismissed.
APPEAL by defendant from Devin, J., 3 November, 1930. From LENOIR.
J. Faison Thomson for plaintiffs.
N.W. Outlaw for defendant.
Controversy without action, submitted on agreed statement of facts but unaccompanied by jurisdictional affidavit.
Judgment for plaintiff. Defendant appeals.
Dismissed for failure to accompany agreed statement of facts with necessary affidavit. Grandy v. Gulley, 120 N.C. 176, 26 S.E. 779; Pruitt v. Wood, 199 N.C. 788.
Dismissed.