#### Hamilton v. McCulloch.

From Orange.

When a Defendant appeals to this Convi, and oti the record as sent up no error appears in the proccedhigii bolov,, a nd no ¡statement of facts accompanies Hie record, the Coo v.'di 'vvird ,; new trial for the purpose of Laving a case made up,cse !•: ewis*. die party cannot have the benefit of his appeal.

Tins way aa action of J) null had been tried in Orange Superior Court, nc w . < .ppeared on the record of the proceedings below, .. t i i aa <hc judgment rendered Svl'Jow, Defendant ha* ¡. -i to this i’onrl. No *30statement of the facts of the case accompanied the transcript of the record from the Court below, and,

Per Curiam.

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.