Bridgers v. . Griffin

Supreme Court of North Carolina

Bridgers v. . Griffin

142 S.E. 221, 195 N.C. 862, 1928 N.C. LEXIS 236

CourtSupreme Court of North Carolina

DecidedMarch 28, 1928

StatusPublished

Cited by1 cases

This text of 142 S.E. 221 (Bridgers v. . Griffin) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bridgers v. . Griffin, 142 S.E. 221, 195 N.C. 862, 1928 N.C. LEXIS 236 (N.C. 1928).

Pincite

Opinion

Per Curiam.

The transcript, docketed in this Court, upon plaintiff’s appeal, does not comply with the Rules of Practice, revised and adopted at Fall Term, 1926, of this Court. See 192 N. C., 837.

There are no assignments of error based on the exceptions which appear in the ease on appeal. The exceptions on which plaintiff relies are not grouped and numbered separately, as required by Rule 19, sec. 3.

An examination of the record fails to disclose sufficient grounds upon which the transcript in this case should be referred by the Court, in its discretion, as permitted by the Rules, to the clerk or to some attorney, for a statement of the exceptions as required thereby.

*864 No exceptions were taken during the trial in the Superior Court, where the action was heard upon its merits; all the exceptions appearing in the case on appeal are directed to the issuance of the writ of recordari, pursuant to which the action was docketed in the Superior Court for trial cte novo. These exceptions not having been grouped and numbered separately, as required by the above cited rule, have not been considered by the Court.

Transcripts of the record, including the case 'on appeal, as agreed upon by the parties, or as settled by the judge, docketed in this Court, must conform to its Rules. Otherwise the appeal will be dismissed, unless upon an examination of the transcript the Court shall, in its discretion, refer the transcript to the clerk or to some attorney, as permitted by the Rule, with direction to revise the same to make it conform to the Rule. Thresher Co. v. Thomas, 170 N. C., 680. Rules of Practice have been adopted by this Court, in the exercise of the power conferred upon it by the Constitution, in order that its large and constantly increasing volume of business may be dispatched- promptly.

Appellant having failed to comply with Rule 19, sec. 3, her appeal is

Dismissed.

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Per Curiam.

The transcript, docketed in this Court, upon plaintiff’s appeal, does not comply with the Rules of Practice, revised and adopted at Fall Term, 1926, of this Court. See 192 N. C., 837.

There are no assignments of error based on the exceptions which appear in the ease on appeal. The exceptions on which plaintiff relies are not grouped and numbered separately, as required by Rule 19, sec. 3.

An examination of the record fails to disclose sufficient grounds upon which the transcript in this case should be referred by the Court, in its discretion, as permitted by the Rules, to the clerk or to some attorney, for a statement of the exceptions as required thereby.

*864 No exceptions were taken during the trial in the Superior Court, where the action was heard upon its merits; all the exceptions appearing in the case on appeal are directed to the issuance of the writ of recordari, pursuant to which the action was docketed in the Superior Court for trial cte novo. These exceptions not having been grouped and numbered separately, as required by the above cited rule, have not been considered by the Court.

Transcripts of the record, including the case 'on appeal, as agreed upon by the parties, or as settled by the judge, docketed in this Court, must conform to its Rules. Otherwise the appeal will be dismissed, unless upon an examination of the transcript the Court shall, in its discretion, refer the transcript to the clerk or to some attorney, as permitted by the Rule, with direction to revise the same to make it conform to the Rule. Thresher Co. v. Thomas, 170 N. C., 680. Rules of Practice have been adopted by this Court, in the exercise of the power conferred upon it by the Constitution, in order that its large and constantly increasing volume of business may be dispatched- promptly.

Appellant having failed to comply with Rule 19, sec. 3, her appeal is

Dismissed.

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Bluebook (online)

142 S.E. 221, 195 N.C. 862, 1928 N.C. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridgers-v-griffin-nc-1928.

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