Sanders v. Sanders
| Decision Date | 23 September 1931 |
| Docket Number | 105. |
| Citation | 160 S.E. 289,201 N.C. 350 |
| Parties | SANDERS et al. v. SANDERS et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Johnston County; Sinclair, Judge.
Action by W. M. Sanders and others against Mary P. Sanders and others. Judgment for plaintiffs, and defendants appeal.
Appeal dismissed.
Assignment of error based on alleged error on face of statement of case on appeal cannot be considered; only exceptive assignments being available. Practice Rule 19.
Civil action to recover on a promissory note, tried upon the following issue:
Judgment on the verdict for plaintiffs, from which the defendants appeal.
E. J. Wellons, of Smithfield, for appellants.
G. A. Martin, of Smithfield, for appellees.
The following appears in the agreed statement of case on appeal: "The defendants' only exception is to the order of the court striking out the further defense of the defendants and directing a verdict."
At the close of the case it is stated: "The only exception was to the judgment as signed." This, of course, is without merit, as the verdict supports the judgment.
No assignments of error accompanied the case as certified by the clerk of the superior court, but certain purported assignments of error have been added since the case was filed here, one of which is to an alleged "error appearing on the face of the statement of case on appeal." Only exceptive assignments of error are considered on appeal. Rule 19, Rules of Practice, 200 N.C. 824; Rawls v. Lupton, 193 N.C. 428, 137 S.E. 175.
Furthermore, the transcript is imperfect, in that no summons appears in the record and there is nothing to show that the term of court was regularly held or that the cause was properly constituted in court. Jones v. Hoggard, 107 N.C. 349, 12 S.E. 286. In this state of the record, the appeal must be dismissed for failure to comply with the rules. Hobbs v. Cashwell, 158 N.C. 597, 74 S.E. 23; Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126.
Appeal dismissed.
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...v. Leonard, supra, even when the only defect is the failure of the record to show the organization of the court below. Sanders v. Sanders, 201 N.C. 350, 160 S.E. 289. We recently, at this term, vacated an order allowing reputable counsel compensation for services rendered on the grounds tha......
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...137 S.E. 175. Only exceptive assignments of error are considered on appeal. Dixon v. Osborne, 201 N.C. 489, 160 S.E. 579; Sanders v. Sanders, 201 N.C. 350, 160 S.E. 289; State v. Freeze, 170 N.C. 710, 86 S.E. 1000. Constitution, art. 4, § 8, empowers the Supreme Court "to review, upon appea......