Opinion
June Term, 1822.
When a defendant appeals to this Court, and on the record as sent up no error appears in the proceedings below, and no statement of facts accompanies the record, the Court will award a new trial for the purpose of having a case made up, as otherwise the party cannot have the benefit of his appeal.
DETINUE, which had been tried in ORANGE. No error appeared on the record of the proceedings below, and from the judgment rendered below defendant has appealed to this Court. No statement of the facts of the case (30) accompanied the transcript of the record from the court below, and,
A new trial is awarded in this case for the purpose of having a case made up; there is no other possible way by which the party can have the benefits of an appeal.
PER CURIAM. New trial.
Cited: Anderson v. Hunt, 10 N.C. 244; Isler v. Haddock, 72 N.C. 120; Comrs. v. Steamship Co., 98 N.C. 167.