Waters v. Waters
| Decision Date | 05 November 1930 |
| Docket Number | 20. |
| Citation | 155 S.E. 564,199 N.C. 667 |
| Parties | WATERS v. WATERS. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Beaufort County; Nunn, Judge.
Action by Arthur M. Waters against Levin Waters. Judgment for plaintiff, and defendant appeals.
Appeal dismissed.
Where each party was granted full and ample opportunity to present his contentions, court did not err in submitting matter on single issue.
Civil action presumably for debt, tried upon the following issue:
Judgment on the verdict, from which the defendant appeals, assigning as error the refusal of the court to submit other issues.
The record contains the following recital: "The judge in his charge to the jury gave the contentions of both plaintiff and defendant, and charged the law arising upon same."
A. W. Bailey, of Washington, N. C., and L. M. Scott, of Aurora, for appellant.
MacLean & Rodman, of Washington, N. C., for appellee.
It appearing that each party was granted full and ample opportunity to present his contentions, both as to the law and the facts, no error can be imputed to the trial court in submitting the matter to the jury on a single issue. America Potato Co. v. Jeanette, 174 N.C. 236, 93 S.E. 795.
Furthermore, it is provided by rule 19, § 1, of the Rules of Practice in the Supreme Court, that "the pleadings on which the case is tried, the issues and the judgment appealed from shall be a part of the transcript in all cases." 192 N.C. p. 847. No summons or complaint appears in the record, hence we are not properly informed as to the nature of the action. The appeal, therefore, will be dismissed for failure to send up the necessary parts of the record proper. Plott v. Const. Co., 198 N.C. 782, 153 S.E. 396.
Appeal dismissed.
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Pruitt v. Wood
... ... failure to serve proper statement of case on appeal); ... Rasberry v. Hicks, 199 N.C. 702, 155 S.E. 616 ... (dismissed as moot); Waters v. Waters, 199 N.C. 667, ... 155 S.E. 564 (dismissed for failure to send up necessary ... parts of record proper); Smith v. Smith, 199 N.C ... ...
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Ericson v. Ericson
...headnote epitomizing the holding in State v. Lbr. Co., supra. See also Plott v. Construction Co., 198 N.C. 782, 153 S.E. 396; Waters v. Waters, supra; Pruitt v. Wood, N.C. 788, 156 S.E. 126; Everett v. Fair Association, 202 N.C. 838, 162 S.E. 896; Riggan v. Harrison, 203 N.C. 191, 165 S.E. ......
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Mason v. Southern Ry. Co.
... ... necessary parts of the record proper. Pruitt v ... Wood, 199 N.C. 788, 156 S.E. 126; Waters v ... Waters, 199 N.C. 667, 155 S.E. 564 ... Moreover, ... it would seem that the appeal ... ...
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Payne v. Brown
...parts of the record proper. Riggan v. Harrison, 203 N.C. 191, 165 S.E. 358; Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126; Waters v. Waters, 199 N.C. 667, 155 S.E. 564. It the duty of appellant to see that the record is properly made up and transmitted. State v. Golden, 203 N.C. 440, 166 S.E. ......