#### FIRST NATIONAL BANK OF WELDON v. H. H. FRIES.

(Filed 5 March, 1913.)

Appeal and Error — Evidence in Narrative — Waiver of Parties.

The requirements of the rule of the Supreme Court, that the evidence must appear in the case on appeal in. narrative form, cannot be waived by the parties.

E. L. Travis, W. E. Daniel, and R. G. Dunn for plaintiff.

Albion Dunn for defendant.

Per CueiaM.

This is a motion to reinstate an appeal wbicb was dismissed at this term for failure to state tbe evidence in narrative form, and for other irregularities appearing in tbe record.

Tbe principal reason urged in support of tbe motion is tbat counsel for appellee agreed to tbe case on appeal; but this also appeared in Cressler v. Asheville, 138 N. C., 483; and in Bucken v. R. R., 157 N. C., 444, and while tbe appeals in those cases were not dismissed, it was stated in effect tbat counsel could not waive compliance with tbe rule, and tbat it would be enforced.

The motion must, therefore, be denied; but, while reaching .this conclusion, we have examined all of tbe assignments of error, and find nothing which justifies a new trial.

Motion denied.