Goodman v. . Goodman

181 S.E. 328, 208 N.C. 416, 1935 N.C. LEXIS 431

• Court: Supreme Court of North Carolina
• Decided: September 18, 1935
• Status: Published

Opinion

Stacy, C. J.

¥e are precluded from considering or determining tbe question sought to be presented by defendant’s appeal for tbe reason that tbe case, as sent up, consists entirely of tbe judgment, and no other part of tbe record proper appears in tbe transcript. Ins. Co. v. Bullard, 207 N. C., 652, 178 S. E., 113; S. v. Lbr. Co., 207 N. C., 47, 175 S. E., 713.

It is provided by Rule 19, section 1, of tbe Rules of Practice tbat “tbe pleadings on wbicb tbe case is tried, tbe issues, and tbe judgment appealed from shall be a part of tbe transcript in all cases.” Tbe pleadings are essential in order tbat we may be advised as to tbe nature of tbe action or proceeding. Waters v. Waters, 199 N. C., 667, 155 S. E., 564. Judicial knowledge arises only from wbat properly appears on tbe record. Walton v. McKesson, 101 N. C., 428, 7 S. E., 566.

Failure to send up necessary parts of tbe record proper has uniformly resulted in dismissal of tbe appeal. Payne v. Brown, 205 N. C., 785, 172 S. E., 348; Riggan v. Harrison, 203 N. C., 191, 165 S. E., 358; Ins. Co. v. Bullard, supra; S. v. Lumber Co., supra.

Appeal dismissed.