Harrell v. White, 166.

• Decision Date: 18 September 1935
• Docket Number: No. 166.,166.
• Citation: 208 N. C. 409,181 S.E. 268
• Parties: HARRELL. v. WHITE et al.
• Court: North Carolina Supreme Court

181 S.E. 268

208 N. C. 409

HARRELL.

v.WHITE et al.

No. 166.

Supreme Court of North Carolina.

Sept. 18, 1935.

Appeal from Superior Court, Bertie County; Small, Judge.

Civil action in trover by Bertha M. Harrell against Lora B. White, administratrix, and another. From a judgment of the Superior Court affirming a judgment of the General County Court for the plaintiff, the defendants appeal.

Affirmed.

Civil action in trover to recover personal property in possession of defendants, both parties claiming title thereto, instituted and tried in the general county court of Bertie county, where verdict and judgment were rendered for plaintiff. On appeal to the superior court, on matters of law, 18 exceptions were assigned as error. All exceptions and assignments of error were overruled, and the judgment of the general county court was affirmed. Whereupon the defendants appeal, assigning as error "the judgment of the superior court."

J. A. Pritchett, of Windsor, for appellants.

J. B. Davenport, of Windsor, for appellee.

STACY, Chief Justice.

The situation presented by the record in this case is identical with that appearing in the case of Smith v. Texas Co., 200 N. C. 39, 156 S. E. 160. There, the transcript contained no grouping of exceptions or assignments of error as required by rule 19(3) of the Rules of Practice in the Supreme Court. 200 N. C. 824. It was said that upon motion of appellee the appeal would be dismissed or the judgment affirmed. The same may be repeated here.

The judgment will be affirmed on authority of the Smith Case. See converse of proposition in Jenkins v. Castelloe (N. C.) 181 S. E. 266, this day decided.

Affirmed.