Macon v. Murray, 384
| Decision Date | 07 April 1954 |
| Docket Number | No. 384,384 |
| Citation | 81 S.E.2d 126,240 N.C. 116 |
| Parties | MACON, v. MURRAY. |
| Court | North Carolina Supreme Court |
John L. Murray, in pro. per.
No counsel contra.
As the pleadings on which the case was tried have been omitted from the record, in violation of the requirements of Rule 19, Section 1 of the Rules of Practice in the Supreme Court, 221 N.C. 544, at page 553, the appeal must be dismissed in accordance with the uniform practice in such cases. See State v. Ravensford Lumber Co., 207 N.C. 47, 175 S.E. 713, and cases cited. See also Union Cent. Life Ins. Co. v. Bullard, 207 N.C. 652, 178 S.E. 113; Goodman v. Goodman, 208 N.C. 416, 181 S.E. 328; Farmers Bank of Clayton v. McCullers, 211 N.C. 327, 190 S.E. 217; Washington County v. Norfolk Southern Land Co., 222 N.C. 637, 24 S.E.2d 338; Ericson v. Ericson, 226 N.C. 474, 38 S.E.2d 517; State v. Jenkins, 234 N.C. 112, 66 S.E. 819; Smoak v. Newton, 234 N.C. 451, 67 S.E.2d 462; Allen v. Allen, 235 N.C. 554, 70 S.E.2d 505. 'We can judicially know only what properly appears on the record', Stacy, C. J., in State v. Ravensford Lumber Co., supra [207 N.C. 47, 175 S.E. 714].
In the absence of agreement of parties, it is not now deemed expedient to supply the deficiency by reference to records on former appeals.
Appeal dismissed.
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Thrush v. Thrush, 165
...637, 24 S.E. 2d 338; Ericson v. Ericson, 226 N.C. 474, 38 S.E.2d 517; Campbell v. Campbell, 226 N.C. 653, 39 S.E.2d 812; Macon v. Murray, 240 N.C. 116, 81 S.E.2d 126; Griffin v. Barnes, 242 N.C. 306, 87 S.E.2d The foregoing citation of authority is intended to emphasize the uniform holding ......
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Griffin v. Barnes
...Judicial knowledge arises only from what properly appears on the record. Goodman v. Goodman, 208 N.C. 416, 181 S.E. 328; Macon v. Murray, 240 N.C. 116, 81 S.E.2d 126. And while it may be doubted whether any valid exceptive assignment of error has been made to appear, it is not amiss to say:......