Jarvis v. Souther, 401
| Decision Date | 04 November 1959 |
| Docket Number | No. 401,401 |
| Citation | 110 S.E.2d 867,251 N.C. 170 |
| Parties | Thresla Marle JARVIS and husband, F. C. Jarvis, v. Zeb R. SOUTHER and wife, Martha Souther. |
| Court | North Carolina Supreme Court |
W. G. Mitchell, McElwee & Ferree, North Wilkesboro, for plaintiffs appellants.
Whicker & Whicker, North Wilkesboro, for defendants appellees.
The first assignment of error set forth in the record of case on appeal is that the trial court erred in the finding of fact and conclusions of law as contained in the judgment. This is a broadside assignment, and does not bring up for review the findings of fact or the sufficiency of the evidence to support the findings of fact. Indeed, while the appeal from the signing of the judgment constitutes an exception to the judgment, it raises two questions only (1) do the facts found support the judgment; and (2) does error of law appear upon the face of the record? A reading of the record indicates that the facts found support the judgment, and that error in law does not appear upon the face of the record.
HIGGINS, J., not sitting.
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Orr, In re, 594
...contends is not supported by competent evidence. McCreary Tire & Rubber Co. v. Crawford, 253 N.C. 100, 116 S.E.2d 491; Jarvis v. Souther, 251 N.C. 170, 110 S.E.2d 867; Columbus County v. Thompson, 249 N.C. 607, 107 S.E.2d 302; In re Sams, 236 N.C. 228, 72 S.E.2d Notwithstanding our procedur......