Clodfelter v. North Carolina Gas Corp.
| Decision Date | 14 December 1949 |
| Docket Number | No. 667.,667. |
| Citation | 231 N.C. 343,56 S.E.2d 600 |
| Parties | CLODFELTER. v. NORTH CAROLINA GAS CORPORATION. |
| Court | North Carolina Supreme Court |
Action by Montise Clodfelter against the North Carolina Gas Corporation for damages.
Motions by the defendant to strike certain portions of the complaint and to make more definite and certain were allowed in part and denied in part by the Superior Court of Davidson County, F. Donald Phillips, J., and both plaintiff and defendant appealed.
The Supreme Court, Per Curiam, affirmed judgment on both appeals for lack of error appearing on face of the record.
Both motions were allowed in part and denied in part, from which rulings the plaintiff and defendant each in apt time, "objected and excepted to the rulings adverse to their respective contentions, all set forth in said judgment", and each gave notice of appeal.
J. F. Spruill, Lexington, for plaintiff-appellant.
Don A. Walser, Lexington, for defendant-appellant.
Apparently, both appellants are relying on the same assignment of error as only one appears on the record. It points out no particular ruling to which the parties object. Hence, the only question presented is whether error appears on the face of the record. We find none. Terry v. Capital Ice & Coal Co., 231 N.C. 103, 55 S.E. 2d 926; Parker v. Duke University, 230 N.C. 656, 55 S.E.2d 189.
The judgment will be affirmed on both appeals.
Affirmed.
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Worsley v. S. & W. Rendering Co.
...thereto must specifically and distinctly point out the alleged error. Rader v. Queen City Coach Co., supra; Clodfelter v. North Carolina Gas Corp., 231 N.C. 343, 56 S.E.2d 600; Town of Burnsville v. Boone, 'An assignment of error alone will not suffice. Only an assignment of error bottomed ......
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Scarboro v. Morgan, 240
...whether error appears on the face of the record. Terry v. Capital Ice & Coal Co., 231 N.C. 103, 55 S.E.2d 926, Clodfelter v. North Carolina Gas Corp., 231 N.C. 343, 56 S.E.2d 600. Moreover, if the judgment be without significance or effect in the present proceeding, as the plaintiffs allege......
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