Harney v. Mayor

229 N.C. 71

• Court: Supreme Court of North Carolina
• Decided: May 5, 1948
• Status: Published

Opinion

Denny, J.

It does not appear on this record that the purported case on appeal was served on the appellees, or that it was settled by agreement or otherwise.

“Exceptions which point out alleged errors occurring during the progress of a trial in which oral testimony is offered can be presented only through a ‘case on appeal’ or ‘case agreed.’ Cressler v. Asheville, supra (138 N. C., 482, 51 S. E., 53).” Russos v. Bailey, 228 N. C., 783, 47 S. E. (2d), 22.

Hence, the exception to the judgment presents the only question for consideration on the appeal. The judgment is supported by the findings of fact, and must, therefore, be upheld. Wilson v. Robinson, 224 N. C., 851, 32 S. E. (2d), 601; Rader v. Coach Co., 225 N. C., 537, 35 S. E. (2d), 609; Fox v. Mills, Inc., 225 N. C., 580, 35 S. E. (2d), 869; Hughes v. Oliver, 228 N. C., 680, 47 S. E. (2d), 6; Roach v. Pritchett, 228 N. C., 747, 47 S. E. (2d), 20; Russos v. Bailey, supra; Western N. C. Conference v. Tally, ante, 1.

The judgment below is

Affirmed.