Macon v. Murray

81 S.E.2d 126, 240 N.C. 116, 1954 N.C. LEXIS 637

• Court: Supreme Court of North Carolina
• Decided: April 7, 1954
• Status: Published

Opinion

Pee. Cueiam.

As the pleadings on which the case was tried have been omitted from the record, in violation of the requirements of Rule 19, Section 1 of the Rules of Practice in the Supreme Court, 221 N.C. 544, at page 553, the appeal must be dismissed in accordance with the uniform practice in such cases. See S. v. Lumber Co., 207 N.C. 47, 175 S.E. 713, and cases cited. See also Ins. Co. v. Bullard, 207 N.C. 652, 178 S.E. 113; Goodman v. Goodman, 208 N.C. 416, 181 S.E. 328; Bank v. McCullers, 211 N.C. 327, 190 S.E. 217; Washington County v. Land Co., 222 N.C. 637, 24 S.E. 2d 338; Ericson v. Ericson, 226 N.C. 474, 38 S.E. 2d 517; S. v. Jenkins, 234 N.C. 112, 66 S.E. 819; Smoak v. Newton, 234 N.C. 451, 67 S.E. 2d 462; Allen v. Allen, 235 N.C. 554, 70 S.E. 2d 505. “We can judicially know only what properly appears on the record,” Stacy, C. J., in S. v. Lumber Co., supra.

In the absence of agreement of parties, it is not now deemed expedient to supply the deficiency by reference to records on former appeals.

Appeal dismissed.