McWhirter, In re, 460
| Decision Date | 30 April 1958 |
| Docket Number | No. 460,460 |
| Court | North Carolina Supreme Court |
| Parties | Matter of Joan Beatrice McWHIRTER. |
Sam. J. Morris, Raleigh, for petitioner.
Manning & Fulton, Raleigh, for respondent.
The petitioner sets out nine assignments of error purportedly based on a like number of exceptions. However, these exceptions appear nowhere in the record except under the assignments of error. Such exceptions are ineffectual since an assignment of error must be supported by an exception duly noted at the proper time. Barnette v. Woody, 242 N.C. 424, 88 S.E.2d 223.
Even so, where no exceptions have been taken to the admission of evidence or to the findings of fact, or if taken but not preserved, such findings will be presumed to be supported by competent evidence and will be binding on appeal. James v. Pretlow, 242 N.C. 102, 86 S.E.2d 759.
Therefore, this appeal presents only these questions: (1) Are the facts found and the conclusions of law made in the court below sufficient to support the judgment, and (2) does any error appear on the face of the record? Goldsboro v. Atlantic Coast Line R. Co., 246 N.C. 101, 97 S.E.2d 486.
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