32 N.C. 61
Supreme Court of North Carolina
Decided August 5, 1849
Supreme Court of North Carolina · decided 1849-08-05
At the Fall Term, 1848, of Wilkes Superior Court of Law, a rule was taken upon the defendant in this case, to show cause why he should not produce at the trial a certain bill of sale. At the Spring Term 1849, the rule coming on to be heard upon argument of counsel, “it was ordered by the Court that the rule be discharged,” from which interlocutory order the plaintiff appealed.
Decided 1849-08-05
¶1 No facts are stated, upon which to enable this Court to decide, whether it was erroneous to discharge the rule or not. As we can see no error, the judgment of the Court below must be affirmed, as a matter of course.
¶2 The affidavit, which is sent as a part of the case, is only evidence. The Court should have ascertained and stated the facts, so as to present the question of law.
¶3 Ordered to be certified accordingly.