Lipe v. . County of Stanly

Supreme Court of North Carolina

Lipe v. . County of Stanly

156 S.E. 243, 200 N.C. 92, 1930 N.C. LEXIS 40

CourtSupreme Court of North Carolina

DecidedDecember 19, 1930

StatusPublished

Cited by2 cases

This text of 156 S.E. 243 (Lipe v. . County of Stanly) 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

Lipe v. . County of Stanly, 156 S.E. 243, 200 N.C. 92, 1930 N.C. LEXIS 40 (N.C. 1930).

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Opinion

Proceeding to determine the liability of the defendant under C. S., 8035, "for costs and attorney's fees" where unidentified and undiscoverable lands are sold for taxes.

From a judgment for the plaintiff, rendered on an agreed statement of facts, the defendant appeals. It is not clear from the record whether this is a controversy without action, submitted on an agreed statement of facts, or an adversary proceeding in which the facts were agreed upon. If the former, it must be dismissed for failure to accompany the agreed statement of facts with necessary affidavit. Grandy v. Gulley, 120 N.C. 176, 26 S.E. 779. If the latter, the pleadings are not before us and the appeal must be dismissed for failure to send up necessary parts of the record proper.Waters v. Waters, 199 N.C. 667; Pruitt v. Wood, 199 N.C. 788.

Dismissed.

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Proceeding to determine the liability of the defendant under C. S., 8035, "for costs and attorney's fees" where unidentified and undiscoverable lands are sold for taxes.

From a judgment for the plaintiff, rendered on an agreed statement of facts, the defendant appeals. It is not clear from the record whether this is a controversy without action, submitted on an agreed statement of facts, or an adversary proceeding in which the facts were agreed upon. If the former, it must be dismissed for failure to accompany the agreed statement of facts with necessary affidavit. Grandy v. Gulley, 120 N.C. 176, 26 S.E. 779. If the latter, the pleadings are not before us and the appeal must be dismissed for failure to send up necessary parts of the record proper.Waters v. Waters, 199 N.C. 667; Pruitt v. Wood, 199 N.C. 788.

Dismissed.

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Bluebook (online)

156 S.E. 243, 200 N.C. 92, 1930 N.C. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lipe-v-county-of-stanly-nc-1930.

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