Carter Et Ux v. Elmore

• Decision Date: 01 December 1896
• Citation: 119 N.C. 296,26 S.E. 35
• Court: North Carolina Supreme Court
• Parties: CARTER et ux. v. ELMORE.

26 S.E. 35

119 N.C. 296

CARTER et ux.

v.ELMORE.

Supreme Court of North Carolina.

Dec. 1, 1896.

Judgment—Sufficiency—Appeal.

An entry of judgment recited: "This cause coming on to be heard, and the issue having been submitted to the jury, and they having found that the defendant is indebted to the plaintiff in the sum of, " etc., "and all the costs of this action to be taxed by the clerk." There was no further entry. Held that, there being no judgment, an appeal therefrom would not lie.

Appeal from superior court, Sampson county; Graham, Judge.

Action by J. R. Carter and wife against G. W. Elmore. Prom a judgment for plaintiffs, defendant appeals. Dismissed.

F. P. Jones, for appellant.

CLARK, J. The judgment sent up in the record is insensible, and does not adjudge anything against the defendant. No execution can issue upon it, and the defendant has nothing from which to appeal. Taylor v. Bostic, 93 N. C. 417; Baum v. Shooting Club, 94 N. C. 217; State v. Lockyear, 95 N. C. 633; Rosenthal v. Roberson, 114 N. C. 594, 19 S. E. 667. Deeming there might possibly be an inadvertence in entering the judgment, or in copying it for the transcript on appeal, the court, at last term, continued the cause; and the defect was called to the attention of counsel, to the end that, if they thought proper, the judgment might be amended below, or that the transcript might be corrected if the error was in copying. No correction has been made, and the court will not after such notice, remand ex mero motu; and, no motion being made by either party to remand, we will now direct the entry: Appeal dismissed.