Merritt v. Dick

• Decision Date: 22 April 1915
• Docket Number: (No. 285.)
• Citation: Merritt v. Dick, 169 N.C. 244, 85 S.E. 2 (N.C. 1915)
• Court: North Carolina Supreme Court
• Parties: MERRITT. v. DICK et al.

85 S.E. 2

169 N.C. 244

MERRITT.

v.DICK et al.

(No. 285.)

Supreme Court of North Carolina.

April 22, 1915.

Appeal from Superior Court, New Hanover County; Allen, Judge.

Action by Sarah Ann Merritt against F. W. Dick and others, held upon these issues:

(1) Is the plaintiff, as tenant in common, the owner in fee of the lands in dispute, and described in the complaint and entitled to the possession thereof? Answer: No.

(2) Is the plaintiff's claim barred by the statute of limitations? Answer:

(3) What damages, if any, is plaintiff entitled to recover of the defendant? Answer:

From the judgment rendered, plaintiff appealed. Affirmed.

K. C. Sidbury, of Wilmington, and T. C. Wooten, of Kinston, for appellant.

Davis & Davis and Bellamy & Bellamy, all of Wilmington, for appellees.

PER CURIAM. [1] The defendants move to dismiss this action under rule 19, subsec. 2, for a failure to properly assign error. The plaintiff assigned a number of additional assignments of error when the case was called for argument, and asked the court to con-sider them, which motion was taken under advisement.

In the record proper the original assignments of error are as follows:

Assignments of Error.

Group 1 includes the first assignment.

Group 2 includes 3, 4, 5, 8, 10, 11, and 15.

Group 3 includes 12, 13, and 14.

Group 4 includes No. 16.

Group 5, No. 17.

Group 6, Nos. 22 to 40, inclusive.

It is manifest that these assignments are far from being a compliance with the rule. They give no indication whatever of the errors complained of, and would require an almost microscopical examination of the record to locate them.

We feel constrained to deny the motion, as it would require the filing of an entire new brief upon the part of the defendants. Nevertheless, we have looked informally into the additional assignments of error filed at the time of the argument, and we think that they are without merit.

A controversy in...