Ritter v. . Grimm

Citations

• 19 S.E. 239
• 114 N.C. 373

Syllabus

<p>New Trial-Case on Appeal — Judge Out.of Office — Loss of Trial Papers.</p> <p>1. The mere fact that a Judge who tried a cause has gone out of office . will not prevent his settling the case on appeal.</p> <p>2. Where the trial Judge is unable to settle the case on appeal because of the loss of his notes of the trial and of the papers, and the parties cannot agree on a case, and the appellant has been diligent in endeavoring to have the case on appeal settled by the Judge, a new trial will be granted.</p>