Cecil v. Snow Lumber Co.

• Decision Date: 17 April 1929
• Docket Number: 387.
• Citation: 147 S.E. 735,197 N.C. 81
• Parties: CECIL et al. v. SNOW LUMBER CO.
• Court: North Carolina Supreme Court

147 S.E. 735

197 N.C. 81

CECIL et al. v. SNOW LUMBER CO.

No. 387.

Supreme Court of North Carolina

April 17, 1929

Appeal from Superior Court, Guilford County; Thomas J. Shaw, Judge.

Action by C. M. Cecil, trustee, and another against the Snow Lumber Company. Judgment for plaintiff in municipal court was affirmed by the superior court, and defendant appeals. Appeal dismissed.

Civil action to recover funds alleged to have been deposited in the Commercial National Bank of High Point by C. M. Cecil trustee, and seized under execution by the Snow Lumber Company.

The case was tried in the municipal court of the city of High Point, the court of first instance, where findings were made in favor of the plaintiffs and judgment entered thereon. On appeal to the superior court of Guilford county, these findings were approved, and the judgment of the municipal court affirmed.

The defendant appeals, assigning error as follows:

"The errors heretofore assigned in the Superior Court are hereby assigned in the Supreme Court, and as same were duly grouped in the Superior Court, appellant does not deem it necessary to restate and group same."

The assignments of error in the superior court were as follows:

"On appeal to the Superior Court, the defendant hereunder groups its exceptions and respectfully assigns in error the actions of the Court as set out in its respective Exceptions and Assignments of Error, as follows: Exception No. 6 (R. p. 38). Refusal of Court to make the finding of facts, to draw the conclusions of law and to sign the judgment as tendered by the defendant, as set out in the record.

"Exception No. 7 (R. p. 38),--The signing of the judgment as set out in the record."

Looking back into the record, it appears that the "special verdict, conclusions of law and judgment" tendered by the defendant, the subject of the sixth exception, covers more than eight pages of the record, and the judgment signed, the subject of the seventh exception, covers approximately five pages. The exceptions are not specific.

Peacock & Dalton and Austin & Turner, all of High Point, for appellant.

C. C. Barnhart and Roberson, Haworth & Reese, all of High Point, and Z. I. Walser, of Lexington, for appellees.

STACY C.J.

The municipal court of the city of High Point was created as a "special court for the trial of petit misdemeanors" by chapter 569, Public-Local Laws 1913. It was given civil jurisdiction in certain cases by chapter 699, Public-Local Laws 1927, with the right of either the plaintiff or the defendant in civil actions or the defendant in any...