Bulman v. Southern Baptist Convention, 603
Decision Date | 21 May 1958 |
Docket Number | No. 603,603 |
Court | North Carolina Supreme Court |
Parties | James M. BULMAN v. SOUTHERN BAPTIST CONVENTION. |
William W. White, Jr., Clearwater, Fla., for plaintiff.
McLendon, Brim, Holderness & Brooks, and C. T. Leonard, Jr., Greensboro, for defendant.
This appeal is predicated in the main upon assignments of error to the effect that the trial court erred in making the crucial findings of fact and conclusions of law. By Assignments Nos. 1 to 6, inclusive, the plaintiff attempts to challenge the sufficiency of the evidence to support Findings of Fact Nos. 3, 5, 6, 8, 9, and 10. By Assignments Nos. 7 to 15, inclusive, he attempts to challenge the refusal of the court to adopt nine findings tendered by him. By Assignments Nos. 16 to 22, inclusive, the plaintiff attempts to challenge separately each of the seven conclusions of law made by the court.
The foregoing assignments of error, 22 in number, are not supported by exceptions previously noted. The exceptions appear in the record under the assignments of error. This is not in compliance with our rules. See Rules 19(3) and 21, Rules of Practice in the Supreme Court, 221 N.C. 544.
The infraction of rules here presented is similar to that in Holden v. Holden, 245 N.C. 1, 95 S.E.2d 118, 122, from which we quote:
To like effect is the decision in Rigsbee v. Perkins, 242 N.C. 502, 504, 87 S.E.2d 926, 927, where it is said:
See also Suits v. Old Equity Life Insurance Co., 241 N.C. 483, 85 S.E.2d 602, 604, where it is said:
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State v. Fox
...by an exception previously noted in the case on appeal presents no question of law for this Court to decide. Bulman v. Baptist Convention, 248 N.C. 392, 103 S.E.2d 487; Darden v. Bone, 254 N.C. 599, 119 S.E.2d 634; State v. Hudler, 265 N.C. 382, 144 S.E.2d 50. However, the record affirmativ......
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State v. Hamilton, 247
...S.E.2d 533; Gurganus v. Trust Co., 246 N.C. 655, 100 S.E.2d 81; Hayes v. Bon Marche, 247 N.C 124, 100 S.E.2d 213; Bulman v. Baptist Convention, 248 N.C. 392, 103 S.E.2d 487; Hines v. Frink and Frink v. Hines, 257 N.C. 723, 127 S.E.2d 509; Horton v. Redevelopment Commission, 262 N.C. 306, 13......
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Conrad v. Conrad, 378
...taken at the trial, but only such as appear in the case on appeal can be made the basis for appellate relief. Bulman v. Southern Baptist Convention, 248 N.C. 392, 103 S.E.2d 487; In re McWhirter, 248 N.C. 324, 103 S.E.2d 293; Moore v. Crosswell, 240 N.C. 473, 82 S.E.2d The reason which requ......
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State v. Dunn, 503
...are ineffective to challenge the correctness of the charge. Holden v. Holden, 245 N.C. 1, 95 S.E.2d 118; Bulman v. Southern Baptist Convention, 248 N.C. 392, 103 S.E.2d 487; Benton v. C. G. Willis, Inv., 252 N.C. 166, 113 S.E.2d 288; Cratch v. Taylor, 256 N.C. 462, 124 S.E.2d 124; Massey v.......