Lewis v. Parker, 456
| Decision Date | 02 November 1966 |
| Docket Number | No. 456,456 |
| Citation | 268 N.C. 436,150 S.E.2d 729 |
| Parties | Lottie H. LEWIS v. Bonnie L. PARKER and Carson Lee Hicks. |
| Court | North Carolina Supreme Court |
Herman L. Taylor, Greensboro, for plaintiff appellant.
Walser, Brinkley, Walser & McGirt, by Walter F. Brinkley, Lexington, for defendant appellees.
Plaintiff's first assignment of error reads:
Rules 19 and 21, Rules of Practice in the Supreme Court, 254 N.C. 783, 795, 803, require that asserted error must be based on an appropriate exception, and must be properly assigned. We have repeatedly said that these rules require an assignment of error to show specifically what question is intended to be presented for consideration without the necessity of going beyond the assignment of error itself. A mere reference in the assignment of error to the record page where the asserted error may be discovered is not sufficient. Samuel v. Evans, 264 N.C. 393, 141 S.E.2d 627; Darden v. Bone, 254 N.C. 599, 119 S.E.2d 634; Hunt v. Davis, 248 N.C. 69, 102 S.E.2d 405; Lowie & Co. v. Atkins, 245 N.C. 98, 95 S.E.2d 271; Steelman v. Benfield, 228 N.C. 651, 46 S.E.2d 829. The rules of practice in this Court are mandatory and will be enforced. Walter Corp. v. Gilliam, 260 N.C. 211, 132 S.E.2d 313; Balint v. Grayson, 256 N.C. 490, 124 S.E.2d 364; Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126. Plaintiff's first assignment of error is ineffectual to bring up for review by this Court any part of the charge.
Plaintiff's second assignment of error is that This assignment of error to the charge does not point out any particular statements or omissions objected to and is ineffectual as a broadside exception. 1 Strong's N.C.Index, Appeal and Error, § 24.
'The requirements of the rules and the reasons therefor have been so often reiterated that the recurring necessity for restatement baffles our understanding.' Samuel v. Evans, supra.
Plaintiff's assignment of error 'to the Court's denial of her motion for a new trial, based upon errors committed by the Court during the course of the trial' is broadside and is overruled.
Plaintiff assigns as error the court's signing and entry of the judgment. This assignment of error presents for review...
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State v. Baldwin
...assignment which is ineffectual to bring up any part of the charge for review by this Court. State v. Kirby, supra; Lewis v. Parker, 268 N.C. 436, 150 S.E.2d 729; State v. Wilson, 263 N.C. 533, 139 S.E.2d 736. Objections to the statement of contentions must ordinarily be brought to the atte......
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State v. Benton
...defendant bases her main arguments on appeal. However, with reference to assignment No. 4 we direct attention to Lewis v. Parker, 268 N.C. 436, 437, 150 S.E.2d 729, 730. There, we reiterated what we have said many times 'Rules 19 and 21, Rules of Practice in the Supreme Court, 254 N.C. 783,......
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Wade v. Wade
...Co., 239 N.C. 668, 80 S.E.2d 759 (1954). The assignment of error must clearly disclose the question presented. Lewis v. Parker, 268 N.C. 436, 150 S.E.2d 729 (1966). A single assignment generally challenging the sufficiency of the evidence to support numerous findings of fact, as here, is br......
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Braswell v. N. C. A & T State University, 6918IC55
...to support them. Sternberger v. Tannenbaum, 273 N.C. 658, 161 S.E.2d 116; Re Adams' Will, 268 N.C. 565, 151 S.E.2d 59; Lewis v. Parker, 268 N.C. 436, 150 S.E.2d 729; Hatchell v. Cooper, 266 N.C. 345, 146 S.E.2d 62. However, the determination of negligence, proximate cause, and contributory ......