Farmers Bank of Clayton v. McCullers

190 S.E. 217, 211 N.C. 327, 1937 N.C. LEXIS 85

• Court: Supreme Court of North Carolina
• Decided: March 17, 1937
• Status: Published

Opinion

Stacy, C. J.

It is stipulated by counsel “that the original records in the cases are not necessary on the appeal, and are therefore omitted by consent.” This is fatal to the appeal. Ins. Co. v. Bullard, 207 N. C., 652, 178 S. E., 113. Compare Corp. Com. v. Trust Co., 194 N. C., 239, 139 S. E., 244. It is provided by Rule 19, sec. 1, of the Rules of Practice 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.” The pleadings are essential in order that we may be advised as to the nature of the action or proceeding. Waters v. Waters, 199 N. C., 667, 155 S. E., 564.

The record consists of certain judgments, orders, and reports. No written motion or application of appellant appears in the transcript. Indeed, the judgment from which the appeal is taken contains no reference to such motion. The record is too meager “to establish the jurisdiction of this Court and put it in efficient relation and connection with the-court below.” Walton v. McKesson, 101 N. C., 428, 7 S. E., 566; Payne v. Brown, 205 N. C., 785, 172 S. E., 348. Failure to send up adequate record has uniformly resulted in dismissal of the appeal. S. v. Lbr. Co., 207 N. C., 47, 175 S. E., 713. Judicial knowledge arises only from what properly appears on the record. Goodman v. Goodman, 208 N. C., 416, 181 S. E., 328; Ins. Co. v. Bullard, supra.

On the authorities cited, and others of similar import, the attempted appeal must be dismissed. Riggan v. Harrison, 203 N. C., 191, 165 S. E., 358; Waters v. Waters, supra; Pruitt v. Wood, 199 N. C., 788, 156 S. E., 126.

Appeal dismissed.