{
  "id": 11271935,
  "name": "Mrs. F. C. FISHER et al. v. MONTVALE LUMBER COMPANY",
  "name_abbreviation": "Fisher v. Montvale Lumber Co.",
  "decision_date": "1913-05-28",
  "docket_number": "",
  "first_page": "531",
  "last_page": "532",
  "citations": [
    {
      "type": "official",
      "cite": "162 N.C. 531"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 184,
    "char_count": 2913,
    "ocr_confidence": 0.466,
    "sha256": "e06f27cc2d52401bc256906c2dbd527a51e2ff43dad5581c5d469d1ba26aba5d",
    "simhash": "1:4ee72ffe5d94cca3",
    "word_count": 522
  },
  "last_updated": "2023-07-14T16:55:37.824965+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mrs. F. C. FISHER et al. v. MONTVALE LUMBER COMPANY."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nOn 19 February, 1913, this Court adopted the following rule:\n\u201cThe evidence in case on appeal shall be in narrative form, and not by question and answer, except that a question and answer, or a series of them, may-be set out when the subject of a particular exception.\n\u201cWhen this rule is not complied with, and the case on appeal is settled by the judge, this Court will in its discretion hear the appeal, or remand for a settlement, of the case to conform to this rule.\n\u201cIf the case is settled by agreement of counsel, or the statement of appellant is 'the case on appeal, and the rule is not complied with, and the appeal is from a judgment of nonsuit, the appeal will be dismissed.\n\u201cIn other cases the Court will in its discretion dismiss the appeal or remand for a settlement of the case on appeal.\u201d\nThe. enforcement of the rule is a necessity. The use of the stenographer in trials in the Superior Court is increasing, and the temptation to incorporate all of his notes in the case, instead of taking the time to prepare a case on appeal, is great. If permitted, we will frequently be required to read hundreds of pages of evidence that have no bearing on the points raised by the appeal, and the costs in this Court will become burdensome to litigants.\nIt is, therefore, ordered, in accordance with the rule (the stenographic notes having been incorporated in the case by order of the judge) that the cause be remanded, to the end that a case on appeal be stated.\nThe appellant will have fifteen days after this opinion reaches the Superior Court of Swain to prepare and serve his case on appeal, and the appellee ten days after such service to prepare and serve exceptions or counter-case.\nRemanded.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "F. G. Fisher for plaintiff.",
      "Frye, Gantt & Frye, W. L. Taylor, and Bryson & Black for defendant."
    ],
    "corrections": "",
    "head_matter": "Mrs. F. C. FISHER et al. v. MONTVALE LUMBER COMPANY.\n(Filed 28 May, 1913.)\nAppeal and Error \u2014 Stenographer\u2019s Notes of Trial \u2014 Case Settled by Judge \u2014 Remanding Case \u2014 Procedure.\n\u25a0Where by the order of the trial judge in settling a case on appeal, the stenographer\u2019s notes of the trial, are set out as part thereof, in violation of the rule\u2019of the Supreme Court, the cause will be remanded, that a case on appeal be correctly stated; and in this case the Court allows the appellant fifteen days after the case reaches the county from which it is appealed to serve his case, and the appellee ten days after such service to prepare and serve exceptions or counter-case.\nAppeal by plaintiff from Long, J., at the October Term, 1912, of SWAIN.\nThe appellee moves to dismiss the appeal, or to affirm the judgment, for that the evidence in the case on appeal is not stated in narrative form, but by question and answer. An inspection of the record discloses that the evidence, as taken by the stenographer, by question and answer, is made a part of the case, but that this was done by order of the j\u2019udge.\nF. G. Fisher for plaintiff.\nFrye, Gantt & Frye, W. L. Taylor, and Bryson & Black for defendant."
  },
  "file_name": "0531-01",
  "first_page_order": 575,
  "last_page_order": 576
}